In a recent blog post we discussed a little of the history of mass tort litigation. In that blog we pointed out that recent cases concerning 3M earplugs, the Juul e-cigarette and Roundup, while not typical drug and device cases, are a natural evolution of mass tort litigation. What can the plaintiffs’ bar learn from earlier cases to optimize the chances of success in new litigation?
Three issues to keep in mind are:
- Borrow from the drug and device mass tort arena. Much can be learned from prior litigation in terms of understanding:
- The Landscape: Determine the role you want your firm to fill in a particular litigation. Some firms will be in leadership, others will participate in MDL committee work, while others might concentrate on state court litigation. When it comes to your cases, will you handle your own cases from start to finish or will you associate with another firm for some aspects of the litigation? Associating with another law firm requires understanding the lay of the land in a particular mass tort.
- Financing: Consider how to fund your firm’s participation in the litigation, the potential funding sources (as well as the associated terms and conditions) and what impact this could have on your cases.
- Case Origination: Benchmark the source of your best cases. Some firms generate their own cases, while others work with marketing firms to obtain cases. The cost of marketing is competitive, so working with data analysts to build a marketing assessment model can help you evaluate the effectiveness of different marketing strategies.
- Think outside the box, too. These new kinds of matters may require you to craft fresh and strategic approaches when looking to get involved. What information will you will need to optimize the possibilities of success for your clients and your firm? Using analytics, a law firm can forecast the number of potential claims in a given mass tort, create cash flow models to support investment decisions and develop compensation models for future settlement negotiations.
- Assess your firm’s responsibilities and capabilities. Regardless of the venue, your primary responsibility is to advocate for your clients. Assess your firm’s capabilities and determine whether you need additional resources in the areas of analytics, medical review or case management, for example. Your clients might be best served by working with a provider that specializes in delivering these services. Utilizing outside resources for certain aspects of handling your mass tort cases allows you to concentrate your time and resources on the actual litigation.
If you would like to discuss how Verus can help with your involvement in any of these areas of mass torts, contact us at firstname.lastname@example.org or fill out this form and we will reply immediately. Click on this link for information on Verus’ Case Management and Medical Review Services.