Byetta, a drug approved by the FDA for the treatment of individuals suffering from type two diabetes is currently the subject of lawsuits due to Byetta side effects. It is possible that a Byetta class action lawsuit or Byetta multidistrict litigation could be formed. However, it is not necessary to wait to file an individual Byetta lawsuit.
It is as likely that a Byetta multidistrict litigation will be formed as it is that a Byetta class action lawsuit would be formed. Both a class action lawsuit and a multidistrict litigation would serve to consolidate Byetta lawsuits into a single court. However, the two types of mass action lawsuits are not exactly the same.
In a Byetta class action lawsuit and a Byetta lawsuit MDL, a number of cases could be joined together under the jurisdiction of a single court. In a Byetta class action lawsuit, the cases would be heard essentially as a single case. In order for a Byetta class action lawsuit to be formed, a “Class” would have to be certified by a court with the authority to certify a class action lawsuit for the case.
For a “Class” to be formed, the plaintiffs in the given case must have similar damages based on the same alleged wrongdoing by the defendant. Although most Byetta lawsuit cases may allege the same wrong doing on the part of the defendant, individual Byetta lawsuit plaintiffs’ damages may not be similar enough for a “Class” to be certified.
Unlike in a Byetta class action lawsuit, it is not necessary for a “Class” to be certified in order for a Byetta multidistrict litigation to be formed. A multidistrict litigation (MDL) does not require that the damages of the individual plaintiffs be similar. Multidistrict litigations are often the proper mass litigation for pharmaceutical lawsuits like the Byetta lawsuit. In cases like the Byetta lawsuit, it is common for different plaintiffs to have vastly different levels of damages. Unlike in a Byetta class action lawsuit, cases consolidated in a Byetta MDL can ultimately be tried or settled individually based on the damages to the specific plaintiffs.
Byetta Class Action Lawsuit vs Byetta Multidistrict Litigation
Although class action lawsuits as well as multidistrict litigations both serve to consolidate a plurality of cases against the same defendant into one court, the two types of mass actions are not identical.
Unlike in a class action lawsuit, it is not necessary to have a class certified by a court for a multidistrict litigation. Multidistrict litigations or MDL’s are approved by the Judicial Panel on Multidistrict Litigation. All MDL’s are heard in a Federal Court.
The reason it is not necessary for a “Class” to be certified in order for a multidistrict litigation to be formed is due to the fact that the cases in a multidistrict litigation retain more of their separate status than cases consolidated in class action lawsuits.
Like in a class action lawsuit, a multidistrict litigation serves to consolidate a number of plaintiffs cases into a single court under the authority of a single judge. Each case can be settled or tried separate from the other cases in the mass action. A multidistrict litigation provides for many of the same efficiencies as a class action lawsuit. However, it does not limit individuals who have sustained more damages than others from seeking greater compensation than those who were less damaged by the defendants actions.
Is Participation in a Byetta Class Action Lawsuit mandatory?
This is often a confusing issue. The general answer would be no, any individual with a claim against a defendant who is facing a class action lawsuit or MDL does not have to join their individual lawsuit with the mass action even if the case fits the parameters of the mass action.
In the case of class action lawsuits, it may be necessary to opt out of the class action lawsuit in order to preserve your right to file an individual lawsuit based on the same cause of action for which the class action lawsuit was brought.
When a class action lawsuit is certified, the lawyers or group of lawyers bringing the class action lawsuit may be required to give public notices of the class action in a manner best suited to notify as many effected parties as possible. If you do not wish to join the class action lawsuit, it may be necessary to undertake a formal process to opt out of the class action and preserve your right to file an individual lawsuit separate from the class action.
In the case of multidistrict litigation, it is common for a number of lawsuits to already have been filed in different courts before an attempt is made to form an MDL. To the best of our knowledge, it is not necessary to opt out of a multidistrict litigation to preserve your right to file an individual lawsuit against the defendant or defendants in the MDL, even if your case fits the parameters for inclusion in the MDL.
Why are Byetta Lawsuits being filed?
Lawsuits against the maker of Byetta are being filed due to a link between Byetta and serious pancreatic problems including pancreatitis and pancreatic cancer. These Byetta side effects can be fatal, and some Byetta lawsuits are likely to be filed as wrongful death lawsuits by family members of individuals who took Byetta and suffered fatal side effects linked to the drug.
If you believe that you or a family member have cause to file a Byetta lawsuit, you do not need to delay starting the process. Regardless of whether a Byetta class action lawsuit or MDL is formed or not, you may file an individual Byetta lawsuit if you have cause. There are time limits for filing a Byetta lawsuit so waiting to file your Byetta lawsuit could result in the loss of your right to file.
Once your Byetta lawsuit is filed, if a Byetta class action lawsuit or MDL is formed, you and your attorney can decide if it is the best course of action to join the mass litigation or to maintain you case separately.
The first step in filing a Byetta lawsuit is to speak with an attorney dealing with the case. A free consultation can be arranged by simply contacting our toll free number or using the contact form on this page.
For general information on class action lawsuits and multidistrict litigations, refer to our page on class action lawsuits.