Why do these cases take so long?
A mass tort case like talc or hernia mesh takes a long time because of the enormity of it. Manufacturers like Johnson & Johnson or Bayer Corporation have a lot of money and don’t mind spending it to try and get out of paying people for the injuries their products caused. Their strategy is often to deny and delay, even when they know they will eventually have to pay.
So, what is happening while you are waiting? Your law firm will be busy. First, they will file a complaint with the court against the defendant (that’s generally the maker of the harmful product) detailing how their product hurt you. The defendant’s lawyers will respond and file an answer generally denying all the allegations. During this time frame, your attorneys will get information from you, order your medical records and start building up your case.
Certain attorneys will hand pick a few cases to be tried in court like you see on TV. The defense attorneys also will select a handful of cases to be tried. These are called Bellwether cases and their outcome either strengthens or weakens all of the cases on file. However, the likelihood that your case would be one of these cases is very, very small.
The length of time between signing up for legal action and receiving a settlement depends on the outcome of the Bellwether Trials and the incentive of the defendant to settle. Your attorney and the other attorneys who are building up these cases will have worked very hard to gather all the information needed to show why you are entitled to receive monetary compensation for the harm the products caused you. We understand that it’s a very long, complex process that can mean years of very hard work on the part of your law firm, but, as we’ve said before, will require very little time or effort on your part.