As the popularity of the Da Vinci Robotic Surgery System has grown, so has the number of injuries. If you were injured, you are not alone. Many other people have also been harmed, and you may be looking for a Da Vinci robotic surgery class action lawsuit. Although many lawsuits have already been filed, the lawsuits are actually individual robotic surgery lawsuits.
About Class Action Lawsuits
Class action lawsuits are a popular and convenient way for a large group of people to seek compensation for the same injury. One example would be a group of employees who file a class action lawsuit against a corporation for denying them overtime pay. Class actions are a special litigation that make sense when it would be too expensive for one individual to fight for compensation alone. All of the plaintiffs joint their claims together into one claim, and any settlement is shared among the class members.
Problems With Class Action Lawsuits
You may be surprised to learn that many robotic surgery lawsuits have been filed, but these are not class action lawsuits. The problem with a robotic surgery class action lawsuit is that it individuals who were severely injured may be forced into a “low-ball settlement,” high attorneys’ fees, and receive less than what they would have gotten through an individual lawsuit.
The United States has a special type of litigation to improve efficiency when a large number of medical device injury lawsuits are filed: Multi-District Litigation (MDL). An MDL reduces the risk of conflicting rulings in lower courts, helps save money, and expedite a potential settlement. An MDL is created in one federal court and many lawsuits are transferred into this court.
Usually, the majority of lawsuits in an MDL are independent lawsuits (although an MDL may also contain class actions). Unlike a class action, individual lawsuits in an MDL stay independent, retain their own legal counsel, and can return to their state court if they are not resolved.