Q: Are the MDL case settlement amounts based on the bellwether trials? Are the amounts awarded an average of the settlement
I am referencing MDL 2326 vs Boston Scientific with an average of $4.6 million (5.6m average including punitive damages). My case is particularly similar having several surgeries and damages.
A: Ask your attorney. Short answer is that the first trials are usually better than average because the plaintiffs have been hand selected. MDL settlement amounts may be lower also because there is a tendency to as a whole give a little less than a jury might win. Also, on damage issues, most trials will be held in the states the people are from. Consequently, each state has different jury make up an receptivity to plaintiffs. Big issue will be did their particular product issue cause your particular
health fallout--bad result doesn't mean that it's all or partly on them.
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