What Is a Bellwether Case—And How Does It Affect Drug Injury Litigation?

by Staff Blogger | June 29th, 2020

In presidential elections, voting in certain states repeatedly predicts the outcome of a race nationally. Ohio and New Mexico, for example, tend to cast their electoral votes for the candidate who eventually becomes the winner of the election. Political analysts refer to these states as bellwether states. The term bellwether refers to the practice of placing a bell on a male sheep who leads the flock, but for those of us who aren’t shepherds, the word is most commonly used to mean a “predictor” or “indicator.” Essentially, bellwethers predict outcomes, and they exist in many fields outside of politics (and sheep). They’re increasingly common in our legal system, and bellwether trials can either breathe life into future lawsuits, or they can deflate litigation.

What Is a Bellwether Case?

A bellwether case, also called a bellwether trial, is a precursor to a larger group of lawsuits. The outcome of the bellwether case can determine the momentum of similar pending cases. Bellwether trials are a commonly used tool in multidistrict litigation (MDL), which is a special federal legal procedure that accelerates complex cases through the legal system. A bellwether trial guide from the Federal Judicial Center summarizes the importance of these trials in MDL cases: “If bellwether cases are representative of the broader range of cases in the MDL proceeding, they can provide the parties and court with information on the strengths and weaknesses of various claims and defenses and the settlement value of cases.” In other words, bellwether cases are a trial run for future lawsuits.

How Do Bellwether Cases Affect Drug Injury Litigation?

Let’s say that hundreds of lawsuits are being filed nationwide against the manufacturer of a widely used heartburn medication. Before all those lawsuits move forward, one case or a handful of them are tried in court. These are bellwether trials. If our hypothetical case ends with a win for the plaintiff (or plaintiffs), momentum builds for others hoping to file similar cases against the manufacturer. If the case is a bust, however, momentum wanes and fewer lawsuits are likely to be filed.

What Happens in a Bellwether Trial?

The process starts by establishing common themes that represent all of the cases in an MDL movement. Then, the courts and relevant parties create a group of cases that reflect those themes. The discovery process (the fact-finding portion of the case) begins, and the trial proceeds, much like it would in any other type of case.

Does an Unsuccessful Bellwether Case Spell Doom for All Similar Cases?

Not necessarily. In some cases, plaintiffs’ attorneys might view the details of a bellwether trial, even an unsuccessful one, as instructive. Flaws of certain arguments are exposed, and a more effective strategy can be built.

What Is the Impact of a Successful Bellwether Case?

If a bellwether trial results in a favorable outcome for plaintiffs, defendants might be more willing to settle future claims similar to the bellwether. You can see why plaintiffs’ attorneys watch these cases carefully—a successful ruling for the plaintiffs exposes a vulnerability of the defendant.

Should You Worry About Bellwethers as a Plaintiff?

If you’re considering filing a lawsuit against a drug manufacturer, you might now be tempted to start doing your homework on bellwether cases similar to your own. But remember that the nuances of a bellwether trial matter as much as the outcome. Bellwether trials are a barometer that legal experts, judges, and attorneys use to determine the viability of cases and the strategy of handling such cases. In other words, plaintiffs don’t need to obsess about the details of bellwether cases, especially if they’re hiring an experienced attorney to represent them.

Are You Considering a Defective Drug Case in California?

The legal team at Berg Injury Lawyers pays close attention to bellwether trials, but we know that these cases are ultimately about people who need help. Drug manufacturers too often sell products without adequate testing or without properly labeling their products to inform consumers of potential risks. What matters in your trial is how their product harmed you, specifically. If you want to know whether your case has the potential for a successful outcome, contact our team for a free case assessment. We want to help you explore your legal options.

Contact Berg Injury Lawyers Today

The Northern California defective drug attorneys at Berg Injury Lawyers have years of experience holding drug manufacturers accountable for the harm they cause consumers. If you have questions about a drug injury case, contact our team today to schedule a free, no-obligation consultation.