My mom had knee Rep. Then had bad wreck w/ severe inj. 4 wks later due to MRSA, which we found out was result of defective parts fr her knee replacement had been recalled due to causing infection. She has out of State lawyer w case in judges hands but she has had 5 surgeries so far due to this and due for another March 6th. She Wants a local lawyer! We live in Charleston WV area. Is that possible? The case is still at least another 2yrs out to be finalized, per her counsel. But I feel she has suffered more than the average "joe" in this and should be separate fr the regular "class action" clients, if that's what her case is considered. Would welcome any advice or interest. We have called a couple of lawyer "friends" and they just didn't seem interested. I want somebody REALLY wanting to work towards a resolution of providing her comfort. She has truly suffered fr the malfunction and defected materials that were put in her body. I just need to know if she has a case or if this is just "normal" when you get a bad product?? And, can we get someone locally? Sincere Thanks!!
Use find a lawyer feature for defective products/medical malpractice counsel to see if she can be taken out of the class and if they are willing to pursue her case on a one against one basis. These cases are cost prohibitive so this will take much legwork on your part to even find counsel.
If you seek a local lawyer, make sure they have experience in this area; it is complex and expensive. Also, class actions generally have a period where a member can opt out of a proposed settlement if they feel it is inadequate, but most of these types of settlements have special provisions for people who have suffered unusually serious outcomes. If your current lawyer is experienced in the field, you should be asking all these questions of them.
I am sure they are confident experienced and well-known personal injury lawyers and medical malpractice lawyers in West Virginia. The problem is that some of these knee replacement cases have been centralized in other districts and will be centralized for most anything your mom does. I would suggeststrongly that she get to the Internet see who's doing these cases and speak to them
Without knowing the specifics of your case, I can only provide general information. First of all, given the type of claim you are describing, I suspect that the case your mother is involved in is not a class action, but rather a group of individual cases consolidated for management purposes. If those cases are in fact consolidated per court order, they are going to stay before the court they are currently in, but your mother can choose another counsel. It may be difficult to find a local attorney willing to handle a case like this, unless they are experienced in MDLs and mass torts. Keep searching for someone experienced in this type of litigation, even if they are not in your local area.
If this is a class action, counsel for the class is appointed by the Court to represent all class members. If your mother wants to bring her own case, she needs to opt out of the class action. When the class was certified, she would have been sent instructions on how to do that, and she must follow them or she is bound by any determinations made on behalf of the class.
A third possibility may be that the case was filed as a class action, but has not been certified yet. If that is the case, she is free to do what she wants until the class is certified. Just be aware that if this is a problem that has affected a lot of people, individual lawsuits are likely to be ordered to be consolidated together, no matter where they have been filed.
Two years is actually not an unreasonable period of time to resolve a lawsuit like this. I understand that isn't great news, but these types of cases tend to be extremely complicated, and involve a great deal of work and expense for the attorneys involved. Best of luck ....
