Bellwether Mediation of Medical Implant Tops $1 Billion
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A unique approach to settlement
The first lawsuit was filed in Bergen County, New Jersey, several weeks after the recall. About 4,000 lawsuits followed from the across the country, and the judge hearing the first case, Brian Martinotti, began consolidating the suits.
But in recognition of the advanced age of many of the hip implant patients, he decided to do something different. Martinotti appointed former U.S. magistrate Diane Welsh, now of JAMS in Philadelphia, as a mediator to first hear 21 cases.
Under this approach, company representatives sat down and listened to patients telling their stories.
“A sterile medical record, even if it’s detailed,” explained Welsh, “is no substitute for seeing the person and hearing from them face to face.”
When it came time to discuss the larger settlement, she said, it was clear prompt compensation was a priority.
“What we came to appreciate on a deep level was that, for these people, justice delayed would truly be justice denied,” Welsh said.
In the end, the negotiations took just four months.
Read more: www.nbcphiladelphia.com/news/health/NJ-companys-settlement-over-faulty-implants-tops-1-billion–282119441.html#ixzz3KsRCEloL
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