Let’s say that your law firm is defending against a medical device class action case. Tens of thousands of people are claiming they were injured using your client’s medical device and can no longer engage in certain physical activities. But, your client knows that the known failure rate is only one in 100 devices. How can your law firm properly defend against this class action case?
Medical device class action cases typically have tens of thousands of claimants asserting that they were injured from using your client’s medical device
Limiting Class Action Claimants in Medical Device Cases
Medical device class action cases typically have tens of thousands of claimants asserting that they were injured from using your client’s medical device. And while some of these claimants may have been injured, it’s entirely unfair for your client to pay a settlement amount to people who don’t properly classify for the class or who weren’t injured by your client’s device. But, it’s your client’s burden to be able to determine whether these claimants were actually injured by the device and should be part of the class itself.
To make matters worse, it can be incredibly cost-prohibitive if your attorneys and paralegals are conducting these social media investigations on thousands of prospective class members. But failure to conduct social media investigations on these prospective class members can be devastating. Your client is looking at the prospect of paying millions of dollars in both settlements and attorney’s fees to potentially thousands of class members who never should have qualified in the first place. So, how can your law firm properly defend against this class action case, while at the same time limiting your client’s costs and claimants that don’t qualify for the class? The answer is working with SMI Aware.
SMI Aware is the Leader in Medical Device Class Action Defense Investigations
SMI Aware’s team of social media investigation experts can review thousands of prospective class member’s claims to only limit the class to those class members who properly qualify. This will ensure that you have limited the class size to a manageable amount of only people who have actually been injured by a faulty medical device. Doing so will give your law firm the competitive advantage by categorizing those claimants that qualify for the class, those that don’t qualify for the class, and those where they’re not sure about based upon the available social media and online evidence. This limits the class size by eliminating those people we know who don’t qualify, and also allows your law firm to focus its efforts only on those perspective class members where social media is unable to determine whether or not they qualify for the class. What’s the result?
First, your law firm can focus its efforts on its defense strategy for class action certification. By going “all in” on the legal strategy, your law firm can be the hero by getting this case dismissed by not properly certifying a class, or through other legal or procedural challenges. Secondly, in the event that the class is certified, you have significantly limited the amount of payout in a settlement in both attorney’s fees and claims because you’re able to significantly limit the number of class members that don’t qualify.
This results in your law firm being the hero to your clients by winning the case or limiting the payout. They’ll come back to your law firm again and again for class action or other defense type work, and your law firm will be known as the leader in the industry for medical device class action lawsuits. So, how can SMI Aware help your law firm become the hero to your client and the leader in class action medical device claims? Contact them today to find out.