{"id":37364,"date":"2020-11-12T10:50:31","date_gmt":"2020-11-12T15:50:31","guid":{"rendered":"https:\/\/research.uga.edu\/news\/?p=37364"},"modified":"2021-07-19T13:58:05","modified_gmt":"2021-07-19T17:58:05","slug":"how-a-uga-professor-is-taking-on-the-mass-tort-system","status":"publish","type":"post","link":"https:\/\/research.uga.edu\/news\/how-a-uga-professor-is-taking-on-the-mass-tort-system\/","title":{"rendered":"How a UGA professor is taking on the mass tort system"},"content":{"rendered":"

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A woman reached out to a lawyer after she began having medical issues caused by pelvic mesh, a medical device used to treat incontinence.<\/p>\n

She wanted to sue because the mesh was breaking apart inside her, as it had with hundreds of thousands of other women\u2014in many cases, puncturing organs.<\/p>\n

So was grouped with other plaintiffs in a large lawsuit against the manufacturer called a mass tort.<\/p>\n

She was getting worried about the direction of her case, when her attorney told her, \u201cIf you don\u2019t settle, then I\u2019m going to withdraw from representing you, and you\u2019re not going to see a red cent.\u201d She began to feel like her own lawyer didn\u2019t have her best interests in mind.<\/p>\n

This is a true story, and it\u2019s one that is much too common in the world of mass torts, said Elizabeth Burch<\/a>, who holds the Fuller E. Callaway Chair of Law at the University of Georgia. Mass torts are often resolved through \u201cmultidistrict litigation,\u201d a procedure used when a company causes harm to thousands of individuals across the United States, but when the individuals are not all similarly harmed, as in a class action.<\/p>\n

Burch has corresponded with over 400 women suing for harms from pelvic mesh. Those conversations are part of an ongoing research project looking at the mass tort system from plaintiffs\u2019 point of view. With over 100,000 women involved, the pelvic mesh case is the largest mass tort since the asbestos case.<\/p>\n

As she laid out in her most recent book, Mass Tort Deals, Burch believes that the mass-tort system is failing many plaintiffs and that reform is necessary.<\/p>\n

\u201cLeft unchecked, plaintiffs\u2019 attorneys\u2019 self-interest can take over,\u201d said Burch. \u201cAnd there are no checks. Consequently, there is an urgent need to improve the mass-tort system as a whole.\u201d<\/p>\n

Expectations v. Reality<\/h2>\n

There is this idea that the legal system will allow those who have been harmed their \u201cday in court,\u201d but mass torts plaintiffs don\u2019t get that. Less than 3% of these types of cases end up in a trial.<\/p>\n

\u201cMany of the plaintiffs share how they are frustrated about the justice system as a whole,\u201d said Burch. \u201cTheir cases are handled by lawyers they didn\u2019t choose, in a place they didn\u2019t choose, before a judge they didn\u2019t choose, who may work on the other side of the country.\u201d<\/p>\n

With mass torts, even if you hired a local lawyer, you\u2019ll probably be referred to an attorney who specializes in these types of cases. The cases are then grouped under one judge in a given court, and this judge picks a committee of lawyers, who are effectively in charge of all of the cases.<\/p>\n

\u201cThis means that when you want to have a question answered about your case, it can be very hard to get those answers sometimes,\u201d Burch said. \u201cYou can\u2019t just call your attorney on the phone for an update.\u201d<\/p>\n

It is also up to these selected attorneys whether and how to settle.<\/p>\n

Many plaintiffs involved in the pelvic mesh mass tort said they \u201cfeel bullied by the people who are supposed to be their biggest advocates\u201d and pressured to settle even when it might not be in their best interest. In some cases, plaintiffs have to dismiss their lawsuit to enter into a settlement program without knowing what, if anything, they will receive under the settlement. Some are left with nothing.<\/p>\n<\/div>\n<\/div>\n

[\/vc_column_text][\/vc_column][\/vc_row][vc_section css=”.vc_custom_1567710408463{background-color: #e4ddc7 !important;}” el_class=”fw-polygon”][vc_row equal_height=”yes” bg_type=”bg_color”][vc_column width=”1\/2″ css=”.vc_custom_1567710326062{margin-top: 0px !important;margin-bottom: 0px !important;border-bottom-width: 0px !important;padding-top: 0px !important;}” el_class=”polygon-wrapper”][vc_raw_html el_class=”polygon” css=”.vc_custom_1623248905941{background-image: url(https:\/\/research.uga.edu\/news\/wp-content\/uploads\/sites\/19\/2021\/06\/Burch-Elizabeth-2.jpg?id=37368) !important;}”]JTNDJTIxLS1sZWF2ZSUyMHRoaXMlMjBlbXB0eS0tJTNF[\/vc_raw_html][\/vc_column][vc_column width=”1\/2″ el_class=”polygon-content”][vc_column_text el_class=”testimonial”]\u201cLeft unchecked, plaintiffs\u2019 attorneys\u2019 self-interest can take over and there are no checks. Consequently, there is an urgent need to improve the mass-tort system as a whole.\u201d<\/strong><\/em>[\/vc_column_text][vc_column_text el_class=”credit”]<\/p>\n

\u2013 Elizabeth Burch, Fuller E. Callaway Chair of Law<\/p>\n

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The Plaintiffs v. the System<\/h2>\n

Burch believes self-interest is preventing a change from within. Many of the system\u2019s key players are \u201csort of happy with the status quo.\u201d<\/p>\n

The lead attorney gets paid for representing the group as a whole, not individuals. Defendants, often large corporations, get closure by quickly settling cases and moving on. And Burch said, \u201cthe judge is often happy when settlements occur because settling these big cases quickly and efficiently is a feather in their cap.\u201d<\/p>\n

The mass tort system, Burch said, needs someone on the outside \u201cto point out that something is really wrong.\u201d Through her research and her books, she\u2019s committed to standing up for the interests of plaintiffs.[\/vc_column_text][\/vc_column][\/vc_row][vc_section css=”.vc_custom_1567780280331{background-color: #000000 !important;}” el_class=”white research-spotlight”][vc_row el_class=”text-container”][vc_column width=”1\/3″][vc_single_image image=”37393″ img_size=”200×200″ alignment=”right” style=”vc_box_circle_2″][\/vc_column][vc_column width=”2\/3″][vc_raw_html css=”.vc_custom_1567780668979{margin-bottom: 0px !important;}”]JTNDcCUyMGNsYXNzJTNEJTIyc3ViaGVhZGluZyUyMiUzRUFib3V0JTIwdGhlJTIwUmVzZWFyY2hlciUzQyUyRnAlM0U=[\/vc_raw_html][vc_column_text el_class=”white”]<\/p>\n

Elizabeth Burch<\/h3>\n

Fuller E. Callaway Chair of Law
\nUniversity of Georgia School of Law[\/vc_column_text][\/vc_column][\/vc_row][\/vc_section][vc_row][vc_column][vc_column_text el_class=”text-container” css=”.vc_custom_1623254600759{padding-bottom: 20px !important;}”]<\/p>\n

Support Mass-Tort Research<\/h2>\n

Donate to Law School<\/p>\n

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