Thursday, November 25, 2010

Class Action vs. Individual Filing?

I found this comment worth mentioning from another law firm’s site. Have often wondered if filing claims in court with cases such as these require that you join a class action suit. Looks like the firm of Schmidt & Clark LLP are filing individual cases. Interesting.

"In some instances, a class action may offer some advantages, as they aggregate a large number of individualized claims into one representational lawsuit. The aggregation can increase the efficiency of the legal process, lower the costs of litigation and in some cases offer the solution to a common problem wherein small recoveries do not provide the incentive for any individual or law firm to file an individual lawsuit. However, a class action suit can also be a detriment to many class members, as they are often forced into a blanket 'low ball settlement' and higher attorney fees."

Connie

10 comments:

  1. I've contacted two attorneys and have gotten "nothing" from either other than sign this engagement form. Has anyone actually settled a suit with J&J yet. does anyone have any idea what the range of net settlements might be and what expenses the attys are going to layer on all of us?? does anyone have an atty who is forthcoming and seems to have our best interests??

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  2. Hi,

    (1) J and J have not settled anything.
    (2) I suggest you look at the following posts if you want a list of attorneys who specialize in this type of suit. there are 14 listed in this post and I am sure you could speak with anyone of them and they would proivde you with the feedback on the case you are seeking. Here is the URL on this blog: http://www.mydepuyhiprecall.com/2011/04/list-of-14-lawyers-appointed-to-serve.html

    Let me know if you need anything else.

    Connie

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  3. You might want to also look at the areas on the blog landing page under "litigation."
    all of the posts will advise on where the Depuy litigation is at this point.

    Hope it helps.
    connie

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  4. I think you just got to deal with the Lawyers themselves.

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  5. ABUSED BY DEPUY – NOW ABUSED BY ATTORNEYS

    Both my son and I have had our lives damaged by defective, hip implants. The Depuy, metal on metal and the Stryker, metal on ceramic. After having suffered at the hands of these manufacturers now we are expected to be content with the small settlements that will be negotiated by Depuy attorneys and greedy Injury Attorneys in the Multi-district litigation. We are being barraged by law firms that have no intention of litigating on our behalf according to our unique damages but rather will get rich by the huge quantity of clients they snag and bring into the settlement matrix that will be set up at the one case that will be used to prove Depuy's liability. Great for Depuy and all the attorneys but not so great for the patients. There must be other alternatives?
    http://www.depuyrescue.info/index.ht

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    Replies
    1. Well, there are two options:

      - file with an individual attorney in a state case where your case has a chance of being taken to a jury
      -file with the MDL.

      I agree that it appears the amonut of money the MDL might be targeting appear to be low.

      If you choose an attorney, there is a great article plublished in one of the posts on how you choose an attorney who is going to work for you written by a judge. Here is the link: http://www.mydepuyhiprecall.com/2011/05/as-trial-judge-greatest-preventable.html

      I think his points are well taken and it is worth reading this.

      Connie

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    2. I haave had 3 hip revisions. 1st was MOM but not depuy. 2nd and 3rd was a stryker ceramic and titanium. What happened with your stryker?

      im getting blown off by the best surgeons in the country. they dont seem to want to get involved - they make provide a lame consult.

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    3. Hi, I did't have a stryker hip. not sure what you mean? I had a depuy MOM which was then switched to a depuy ceramic on poly.

      Connie

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  6. Hi Connie, thanks for the effort, energy and time you have spent on this. My husband and I are making use of it as we try to make our final decissions before the deadline. I was told by 2 law firms that there are no individual cases they all go to Multi District Litigation in Ohio. My understanding is 10 bell weather trials will determine your settlement amount. The 10 trial cases will be picked with 10 being the worst case scenario and 1 being the least affected scenario by the deffective implant. They will then pin hole your scenarion into the cases that are similar to your personal scenario and that is the amount you will recieve. Am I understanding this right??

    Traca

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    Replies
    1. No that is not correct. You have two options:

      (1) you can joint the MDL (national level) or
      (2) you can sue at the state level.

      If you go to the home page and look at 2 categories (listed on the upper left hand side of the page):
      -questions to ask your lawyer
      -litigation

      I would click on each of the articles in those two categories and scan through them. You will find any information I have in that matter posted.

      There are pluses and minuses on each side of the eqation. I have written about both sides. LMK if you have other questions.

      Good luck.!

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