MDL-associated cases comprise more than 97% of medical device/pharmaceutical cases filed in 2017, with only 667 of the 29,185 total cases not affiliated with an MDL master case. Lex Machina provides tools to enable users to either exclude or include MDL-associated cases, depending on which case set will yield the most meaningful insights to the user.

Other key findings include:

• Since January 1, 2009, more than 289,200 product liability cases were filed in District Court, involving products classified by Lex Machina as medical devices or pharmaceuticals, including MDL-associated cases. The next largest category was asbestos, with more than 87,300 cases. Asbestos case filings in District Court have declined from tens of thousands per year during 2009-2011 to merely hundreds per year during 2012-2016.
• Almost all (96%) product liability cases involving medical devices or pharmaceutical products are settled or resolved procedurally, instead of on the merits of the case. When product liability cases are decided on the merits, defendants prevail about 90% of the time.
• Cases litigated through to court award of damages are rare in product liability cases involving medical devices and pharmaceutical products.
• Three districts tied for the largest percent of non-MDL filings across all product categories from 2009 to 2017: Central District of California (C.D. Cal), Eastern District of Pennsylvania and District of New Jersey – each with 5%.
• Since 2009, New Jersey has had the most non-MDL-associated medical device/pharmaceutical case filings (8%). C.D. Cal and Eastern District of Louisiana are tied at 6%, and Northern District of Texas captured 5%. This data includes cases that may later become associated with an MDL.

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