Attorney at Graves McLain Injury Lawyers

Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries

When many people are harmed by the same product—such as a dangerous drug or a defective medical device—there are legal tools available to help them seek justice collectively. Two of the most common are class action lawsuits and multidistrict litigation (MDL). While these types of cases may seem similar, they follow distinct legal paths and offer different benefits to the individuals involved.

If you or a loved one has been injured by a harmful product, understanding the difference between a class action and MDL can help you make an informed decision about your next steps.

What Is a Class Action Lawsuit?

A class action lawsuit brings together a group of people with similar injuries or complaints into a single lawsuit. Instead of each person filing a separate case, one or a few individuals represent the entire group. Everyone else in the class is automatically included unless they opt out.

To move forward as a class action, the group must meet specific legal standards under The Federal Rules of Civil Procedure, particularly Rule 23. These include:

  • Numerosity – The group must be large enough that individual lawsuits wouldn’t make sense.
  • Commonality – Everyone in the class must share common legal questions.
  • Typicality – The lead plaintiff’s claims must be typical of the group.
  • Adequacy – The lead plaintiff and their lawyers must be able to represent the group fairly.

Class actions must meet the FRCP Rule 23 criteria: numerosity, commonality, typicality, and adequacy.

If a judge certifies the class, the lawsuit moves forward. Any settlement or court decision typically applies to all members of the class. Most class actions involve consumer complaints, data breaches, or corporate misconduct where everyone suffered the same harm.

What Is Multidistrict Litigation (MDL)?

Multidistrict litigation (MDL) is a method for managing numerous individual lawsuits that share common facts. These cases are usually filed in federal courts across the country. When the number of lawsuits increases, attorneys can request that cases be centralized under one judge to handle pretrial issues, such as evidence gathering and legal motions.

This request is made to the Judicial Panel on Multidistrict Litigation (JPML). If the panel agrees, the cases are transferred to one federal court.

The MDL statute—28 U.S.C. § 1407—was passed in 1968 to improve efficiency in handling complex, multi-district federal lawsuits.

MDLs are especially common in cases involving dangerous drugs, faulty medical devices, or toxic exposure, where each person’s injuries and damages are different. Each plaintiff keeps their case, but centralizing the process saves time, avoids conflicting rulings, and allows lawyers to work together more efficiently.

In MDLs, individual plaintiffs keep their separate suits and may receive differing awards based on their injuries.

Key Differences Between Class Actions and Mdls

While both class actions and MDLs involve many plaintiffs and share common legal issues, their structure and outcomes differ.

Class Action vs. MDL Comparison

Feature

Class Action

MDL

CourtFederal or stateFederal only
StatuteFRCP Rule 2328 U.S.C. § 1407
Plaintiff RoleRepresentative files for allIndividual plaintiffs file separately
CertificationRequiredNot required
Damage AwardsIdentical for classIndividualized awards
Pretrial StructureShared throughoutShared pretrial, then remanded
RepresentationSingle-firmMultiple firms coordinate
Common UseConsumer, fraud, data breachDefective drugs, medical device mass torts

Everyday Use: Consumer, fraud, data breach, Defective drugs, medical device mass torts In a class action, if the class wins, every member gets the same outcome, usually a portion of the settlement or judgment. In an MDL, each person’s case is handled separately after pretrial, and damages vary based on individual injuries.

When Does Each Process Apply?

A class action is appropriate when everyone suffers the same harm in the same manner. For example, if a company overcharged every customer by $5, a class action could efficiently handle that.

On the other hand, an MDL is used when the same product or company harmed many people, but their injuries are different. This is often true in cases involving defective drugs or devices, where one person may suffer mild side effects while another is seriously disabled.

Attorneys consider the type of harm, the number of people affected, and the legal issues involved when deciding which route is more suitable.

Why This Matters for Tulsa Injury Victims

If you live in Tulsa and were hurt by a medical device or pharmaceutical, understanding these legal options matters. A class action might seem more straightforward, but it may not allow you to recover for your specific injuries.

With an MDL, your case is still your own. You have the right to make decisions, including whether to accept a settlement or go to trial. It also lets your lawyer dig into the facts of your unique situation instead of treating you like just one name in a long list.

By participating in an MDL, injury victims can often seek customized relief while benefiting from shared legal resources.

Working with a firm that understands both processes can make a big difference in how your case is handled—and how much compensation you may receive.

How Graves McLain Injury Lawyers Can Help

At Graves McLain Injury Lawyers, we understand the challenges of taking on large pharmaceutical companies or medical device manufacturers. We’ve helped clients across Oklahoma pursue justice after being harmed by dangerous products.

Our team prepares every case as if it were going to trial. Whether your situation fits a class action, MDL, or an individual lawsuit, we’ll help you understand your legal alternatives and develop a compelling case from the start.

We’re committed to helping injury victims in Tulsa and beyond get the justice they deserve—without added stress or upfront costs.

FAQs

Can my case be initiated as a class action and then transition to an MDL?

No. Class actions and MDLs are separate legal processes. While they may involve similar issues, they follow different rules and procedures.

If I’m in an MDL, will I still get a say in settlement?

Yes. Unlike class members, MDL plaintiffs retain their rights and can choose to accept or reject settlement offers based on their cases.

Does Oklahoma recognize class actions under state law?

Yes. Oklahoma courts follow rules similar to federal courts for class certification. Rule 1.202 outlines the requirements for bringing a class action in state court.

What types of cases usually go to MDL?

MDLs are often used for large-scale injury claims involving defective drugs, faulty medical devices, or toxic substances that harm people in different ways.

What comes first: filing or JPML request?

Plaintiffs file their cases in federal court. If sufficient similar cases exist, attorneys can request that the Judicial Panel on Multidistrict Litigation centralize them.

How do bellwether trials fit into MDLs?

Bellwether trials are test cases chosen to help predict the outcome of future trials. They often influence settlement talks and legal strategies.

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Conclusion

Understanding the difference between class actions and MDLs can help you choose the right path if a dangerous product has harmed you. Class actions offer efficiency for cases involving uniform harm, while multidistrict litigation (MDL) allows for more individualized justice in complex injury cases.

If you believe you were hurt by a defective drug or device, Graves McLain Injury Lawyers is here to help. Our team knows how to handle complex litigation, and we’re ready to fight for what’s right—one client at a time.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

  • I knew my auto accident wouldn’t be worth much and they knew it too but worked as if it was a million dollar case and kept me informed hope I never need an attorney again but if I do it’ll be graves mclain I brag on them to everyone

    Margie C

  • The staff is great and super friendly. They helped me get the money I deserved. I would definitely recommend them to everyone!

    CiCi H

  • My orthopedic doctor recommended Graves McLain Injury Lawyers, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain Injury Lawyers, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

    Robert S.

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