If you have been injured by a dangerous drug, defective medical device, or another product that has harmed thousands of people, you may hear that your lawsuit is part of an MDL, or multidistrict litigation.

But what exactly is an MDL lawsuit? Is it the same as a class action? Will your case still be handled individually? And how does being part of an MDL affect your potential settlement?

Multidistrict litigation is a legal process that allows courts to coordinate multiple lawsuits involving common factual questions before a single judge for pretrial proceedings. MDLs are frequently used in mass tort litigation, including lawsuits involving defective medical devices, dangerous pharmaceutical products, environmental disasters, and other events that result in large numbers of similar claims.

Although these cases share common issues, each plaintiff generally maintains an individual lawsuit and must establish the facts supporting their own claim.

What Does MDL Mean in a Lawsuit?

MDL stands for multidistrict litigation.

An MDL is a process in which multiple civil lawsuits involving one or more common questions of fact are transferred to a single court for coordinated or consolidated pretrial proceedings.

For example, suppose thousands of people file lawsuits alleging that a particular medical device was defectively designed and caused serious injuries. Rather than having courts across the country separately address the same questions about the product’s design, testing, warnings, and potential defects, those lawsuits may be coordinated through an MDL. The MDL court can oversee common discovery, resolve certain pretrial disputes, and establish procedures that apply across the litigation. Importantly, an MDL does not automatically combine all plaintiffs into one lawsuit or eliminate their individual claims.

Why Are MDLs Created?

The primary purpose of multidistrict litigation is to make complex litigation involving numerous related lawsuits more efficient and consistent.

Without an MDL, different courts might separately address the same evidence, require duplicative document production, hear similar expert testimony, and issue inconsistent pretrial rulings. An MDL allows a single court to coordinate common issues, including:

• Discovery concerning the defendant’s conduct;
• Production of corporate documents and other evidence;
• Depositions of company representatives and expert witnesses;
• Disputes concerning scientific and medical evidence;
• Motions involving common legal or factual questions; and
• Pretrial scheduling and case management.

By coordinating these proceedings, an MDL can reduce unnecessary duplication and help courts manage large numbers of related cases.

However, an MDL does not guarantee a faster resolution or a favorable outcome for any individual plaintiff.

What Is the Difference Between an MDL and a Class Action Lawsuit?

One of the most common questions about multidistrict litigation is whether an MDL is the same as a class action.

The answer is no. Although both procedures may involve numerous people with similar claims, they operate differently.

MDL Lawsuits

In multidistrict litigation:

• Plaintiffs generally maintain separate individual lawsuits.
• Cases are coordinated for common pretrial proceedings.
• Each plaintiff must establish the facts supporting their own claim.
• Individual injuries, medical histories, and damages remain important.
• Settlements may be evaluated individually or under a common settlement program.

Class Action Lawsuits

In a class action:

• One or more named plaintiffs represent a defined group of individuals.
• The court must certify the class under applicable legal requirements.
• Common issues are addressed through the class action procedure.
• A judgment or approved settlement may bind class members, subject to applicable notice and opt-out rights.
• Compensation depends on the terms of any approved settlement or judgment.

The biggest difference is that an MDL generally coordinates individual lawsuits, while a class action allows designated plaintiffs to represent a larger group with similar damages.

For people pursuing claims involving serious personal injuries, this distinction can be particularly important because the nature and severity of each person’s injuries may differ substantially.

How Does an MDL Lawsuit Work?

Although every multidistrict litigation is different, an MDL generally proceeds through several stages.

Multiple Lawsuits Are Filed

The process begins when individuals file lawsuits involving similar factual allegations.

For example, plaintiffs may allege that a pharmaceutical company failed to warn consumers about a dangerous medication or that a medical device manufacturer sold a defective product.

The Cases Are Transferred for Coordinated Proceedings

In federal court, the Judicial Panel on Multidistrict Litigation determines whether cases pending in different federal districts should be transferred to one federal court for coordinated or consolidated pretrial proceedings.

The panel considers whether the cases share common factual questions and whether transfer would promote convenience and the just and efficient conduct of the litigation.

Texas also has a state multidistrict litigation procedure for certain related civil actions.

The MDL Judge Establishes Case Management Procedures

Once cases are coordinated, the MDL judge typically enters case management orders, commonly called CMOs.

These orders may establish:

• Deadlines for filing certain documents;
• Requirements for exchanging information;
• Discovery procedures;
• Schedules for depositions;
• Procedures for presenting expert evidence; and
• Deadlines for motions and other pretrial matters.

The court may amend these orders as the litigation progresses.

The Parties Conduct Discovery

Discovery allows the parties to obtain information relevant to the lawsuits. In a defective medical device MDL, for example, discovery may include internal company communications, product testing records, regulatory submissions, safety reports, and medical or scientific evidence.

Plaintiffs may also be required to provide information about their individual injuries, treatment, and use of the product.

The Court May Conduct Bellwether Trials

Some MDLs use bellwether trials, which are trials involving selected cases intended to provide information about how juries may evaluate the evidence and arguments. These trials may help the parties assess litigation risks and inform settlement discussions.

However, a bellwether verdict does not automatically determine the outcome or settlement value of every other case in the MDL.

Cases May Settle, Be Dismissed, or Proceed Toward Trial

Some MDLs result in broad settlement programs. Others involve individual settlements, dismissals, or continued litigation.

In federal MDLs, cases transferred from other federal districts that remain unresolved after coordinated pretrial proceedings are generally subject to remand to their original courts for trial.

Not every MDL ends in a settlement, and not every case proceeds to trial.

How Do MDL Settlements Work?

A common question among plaintiffs is how compensation is determined in an MDL settlement.

Because an MDL generally involves individual lawsuits, the compensation available to one plaintiff may differ from the compensation available to another.

Some mass tort settlements establish structured programs that evaluate claims based on factors such as:

• The type of injury;
• The severity of the injury;
• The medical treatment required;
• The duration or permanence of the condition;
• The strength of the evidence connecting the product or event to the injury;
• The plaintiff’s medical records and supporting documentation; and
• Other criteria established by the settlement agreement.

Certain settlement programs use tiers, points, or compensation categories to evaluate qualifying claims.

For example, a settlement program involving a defective medical device may assign different compensation amounts depending on whether a plaintiff required surgery, experienced complications, or sustained permanent injuries.

However, not all MDL settlements use the same process, and participation in an MDL does not guarantee that a settlement will be offered.

Does Everyone in an MDL Receive the Same Settlement Amount?

No. Plaintiffs in an MDL do not necessarily receive the same settlement amount.

Even when thousands of people allege injuries involving the same product, the severity of their injuries and the evidence supporting their claims may be very different.

One plaintiff may have experienced a temporary complication, while another may have required multiple surgeries or suffered permanent impairment.

If a settlement program accounts for those differences, the amounts offered may vary significantly.

Other factors, including eligibility requirements, applicable settlement criteria, and the strength of an individual claim, may also affect compensation. The fact that two people are involved in the same MDL does not mean their cases have the same value.

How Long Does an MDL Lawsuit Take?

There is no standard timeline for an MDL lawsuit. Some multidistrict litigations resolve within a few years, while others continue much longer. The length of an MDL may depend on:

• The number of lawsuits involved;
• The complexity of the scientific or medical evidence;
• The amount of discovery required;
• Disputes concerning expert testimony;
• The scheduling and results of bellwether trials;
• Settlement negotiations; and
• Appeals or other legal proceedings.

An MDL involving thousands of individual claims and complicated scientific questions may take considerable time to resolve.

Even after a settlement agreement is reached, individual claim evaluations, documentation requirements, lien resolution, and payment administration can affect when plaintiffs receive compensation.

Do You Need Your Own Lawyer for an MDL Lawsuit?

If you believe you have a claim involving a dangerous drug, defective medical device, or another mass tort, an attorney can help evaluate your individual circumstances and determine whether an MDL or other litigation may be relevant to your claim.

Although MDL courts may appoint attorneys to coordinate work on behalf of plaintiffs collectively, that does not necessarily replace the role of an attorney representing an individual plaintiff.

Your attorney may help with:

• Evaluating whether you have a viable claim;
• Identifying the appropriate defendants;
• Filing your lawsuit within applicable deadlines;
• Gathering medical records and other evidence;
• Complying with MDL case management requirements;
• Evaluating potential settlement opportunities; and
• Protecting your interests throughout the litigation.

Because each plaintiff’s injuries and circumstances may differ, individual representation can be important even when the litigation is being coordinated through an MDL.

Can You Join an MDL if You Have Not Filed a Lawsuit?

Possibly, depending on the litigation and the circumstances of your claim.

An MDL is a procedure for coordinating lawsuits. It is not necessarily a settlement program that a person can join simply by registering.

If you believe you were injured by a product or event involved in an existing MDL, an attorney can evaluate whether you have a claim, whether applicable filing deadlines have passed, and whether your lawsuit may be eligible for coordination with the MDL.

The existence of an MDL does not automatically mean every person who used a product or experienced an injury qualifies for compensation.

What Types of Lawsuits Are Commonly Included in MDLs?

MDLs are frequently used in complex litigation involving large numbers of claims with common factual issues.

Examples include:

• Defective medical devices: Claims involving products such as transvaginal mesh, hernia mesh, and other medical implants.
• Dangerous drugs: Lawsuits alleging injuries caused by prescription medications or inadequate safety warnings.
• Defective consumer products: Claims involving dangerous or malfunctioning products, including automotive components.
• Environmental disasters: Litigation arising from oil spills, chemical releases, or other widespread environmental events.
• Large-scale accidents: Claims arising from events that injure numerous people.
• Other mass torts: Litigation involving widespread alleged injuries attributable to a common product or course of conduct.

Not every group of similar lawsuits will be placed into an MDL. Whether centralization is appropriate depends on the applicable legal requirements and the circumstances of the cases.

What Are Some Examples of Major MDL Lawsuits?

Mostyn Law has been involved in several major multidistrict litigations have involved thousands of plaintiffs alleging injuries or losses arising from common products or events. The two biggest MDLs Mostyn Law was a part of were:

• Transvaginal Mesh Litigation: Thousands of women filed lawsuits against medical device manufacturers alleging injuries and complications associated with transvaginal mesh products.

Multiple federal MDLs were established involving different manufacturers, including Boston Scientific and Ethicon. This MDL was in federal court and consolidated in the Southern District of West Virginia.

• 3M Combat Arms Earplugs Litigation: The 3M Combat Arms Earplugs litigation involved hundreds of thousands of claims brought by military service members and veterans alleging hearing-related injuries associated with the earplugs.

The litigation became one of the largest federal MDLs in United States history. This MDL was in federal court and consolidated in the Northern District of Florida.

Does Texas Have Its Own Multidistrict Litigation Process?

Yes. Texas has a state multidistrict litigation procedure, separate from the federal MDL system.

Under Texas Government Code Section 74.162, related civil actions may be transferred for coordinated or consolidated pretrial proceedings when they involve one or more common questions of fact and the transfer will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the cases.

Texas’s MDL procedure is governed in part by Rule 13 of the Texas Rules of Judicial Administration. As with federal MDLs, the goal is to coordinate common pretrial issues while preserving the separate nature of individual claims.

Texas MDLs have been used to coordinate litigation arising from major events and disputes, including certain claims associated with hurricanes, Winter Storm Uri, and other large-scale incidents. Mostyn Law was a leader in many of these Texas MDLs following natural disasters.

What Happens if Your Case Is Part of an MDL?

If your lawsuit becomes part of an MDL, your case may be subject to court orders and procedures that apply to other cases in the litigation. You may be required to provide medical records, complete questionnaires, submit evidence concerning your injuries, or comply with other case-specific requirements. Your attorney can help explain what those requirements mean for your claim and keep you informed about significant developments.

Being part of an MDL does not automatically mean you have won your case, qualified for a settlement, or become entitled to compensation. Your individual claim must still satisfy applicable legal and evidentiary requirements.

Talk to a Texas Mass Tort Attorney About an MDL Lawsuit

If you believe you were injured by a dangerous drug, defective medical device, or another product involved in mass tort litigation, Mostyn Law can help you understand whether you may have a legal claim.

Our attorneys have experience handling complex mass tort litigation involving defective products and medical devices, including claims coordinated through multidistrict litigation. We can evaluate the circumstances of your injury, review potential claims, and help you understand how an MDL or other litigation process may affect your case.

Contact Mostyn Law today for a free consultation about your potential mass tort or product liability claim.