Fungal Meningitis Lawsuits filed over contaminated steroids
Litigation began yesterday with two Fungal Meningitis Lawsuits
Two patients filed “class action” fungal meningitis lawsuits against New England Compounding Center. While the fungal meningitis lawsuits are described as a class action, I think it is unlikely that the cases will proceed as class actions. Class actions require that each member of the class have almost identical claims – that almost never occurs when the case involves personal injury. Each person will have suffered differently from exposure to fungal meningitis. Some will have gone to the doctor and incurred medical expenses, some will have no medical bills because they did not know that they had fungal meningitis from contaminated steroids. More than a dozen people have died from the fungal meningitis outbreak and those suits are remarkably different from cases involving illness. Each of those cases will depend on the wrongful death statutes in the state where the deceased lived.
Funal Meningitis lawsuits unlikely to be class actions
I think it is far more likely that the fungal meningitis litigation will be consolidated for pre-trial in what is called “multi-district litigation” or “MDL.” MDL allows the all of the lawsuits against New England Compounding Center to be consolidated before a single court for pre-trial discovery – things like exchanging documents and medical records, taking depositions, and filing motions. Sometimes the cases settle during MDL, but if not, each case returns to its home state for trial. This is important for consumers because, unlike in a class action, no attorney or court will contact you to let you know that you have a claim, as is required in class actions. It is vital that you contact an attorney immediately if you think you have a potential fungal meningitis lawsuit.
The Merman Law Firm is experienced in handling mass recalls such as this one that go to MDL. The Merman Law Firm is engaged in several across the country, although the firm limits the number of clients it will take in each recall so that we can provide the personal attention our clients have come to expect.
If you or a loved-one received an epidural steroid injection and was later diagnoses with fungal meningitis, you need to contact the Merman Law Firm immediately. It is likely that New England Compounding Center does not have enough assets or insurance to compensate the patients affected by these fungal meningitis lawsuits. It is important to gather the facts immediately that will be necessary to prove your case and to submit your claim through the MDL litigation.