Settlement Alerts:

$9,250,000 Defamation Case Win Against The New York Times 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

$9,250,000 Defamation & False Light 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

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Mass Torts Lawyer in Clarksburg

Client-Focused Mass Torts

Comprehensive Guide to Mass Torts

Mass tort litigation addresses harms caused by defective products, dangerous drugs, or other widespread injuries that affect many people. In Clarksburg and across West Virginia, victims of mass tort injuries often face the same manufacturer or defendant alongside numerous other claimants, and those claims may be coordinated through consolidated court processes. Stephen New & Associates in Beckley represents clients from Harrison County and beyond, helping them understand the legal process, their potential recoveries, and the timeline for large-scale civil actions. If you or a family member have been harmed by a product or medication, a clear, timely review of your options can help you decide how to proceed and what next steps to consider.

Mass tort matters can involve complex procedures such as multidistrict litigation, discovery shared among many claimants, and negotiations that impact a broad group at once. Our approach in Clarksburg centers on careful evaluation of each client’s injury, clear communication about the likely stages of litigation, and helping clients preserve evidence and important records. We will explain how mass tort coordination can affect scheduling, settlement communications, and the potential for individual trials. For residents of Harrison County and nearby communities, having a local contact who understands state courts and the practical impacts of large-scale claims helps clients make informed decisions about participation and timing.

Why Mass Torts Matter to Affected Individuals

Mass tort actions offer a way for people injured by the same product or practice to pursue relief while sharing resources and information. For those impacted in Clarksburg and throughout West Virginia, joining coordinated litigation can improve access to investigations, reduce individual legal costs, and create a more efficient path to resolution. Beyond financial recovery, these proceedings can encourage greater transparency about dangerous products and help hold manufacturers or service providers accountable for systemic harms. Participating in a mass tort does not prevent individualized claims when circumstances require separate treatment, and each claimant’s injuries and needs are considered when evaluating settlements or trial strategies.

About Stephen New & Associates and Our Practice

Stephen New & Associates is a personal injury law firm serving clients across West Virginia, including Clarksburg and Harrison County, with a focus on serious injuries and complex civil claims. The firm handles a broad variety of matters such as motor vehicle crashes, medical malpractice, workplace injuries, and large-scale mass tort actions that arise from dangerous drugs, defective devices, or hazardous exposures. We emphasize clear client communication, thorough case development, and aggressive representation when disputes require litigation. Clients can expect help collecting medical records, documenting injuries, coordinating with other claimants when appropriate, and preparing for negotiations or court proceedings in state and federal venues.

Understanding Mass Tort Litigation

Mass tort litigation involves many claimants who have suffered similar injuries traceable to a common product, practice, or exposure. Unlike individual lawsuits, mass torts may be coordinated through consolidated procedures to streamline pretrial processes and discovery while preserving each person’s right to an individualized outcome. For people in Clarksburg, this can mean that factual and medical information is gathered collaboratively, while settlement offers address both group dynamics and personal harm. Understanding how multidistrict procedures, shared discovery, and settlement frameworks operate helps potential claimants decide whether to participate in a coordinated action and how it may affect their individual recovery timeline.

Participation in a mass tort typically begins with an evaluation of your injury, medical records, and exposure history to determine whether your situation aligns with the larger group claim. If a coordination mechanism is in place, claimants often benefit from pooled investigative resources and consolidated hearings, which can expedite certain stages of litigation. At the same time, plaintiffs retain the ability to pursue separate trials if their injury or circumstances require distinct treatment. For clients in Harrison County, understanding the balance between collective action efficiencies and individual damage assessments is key to making informed decisions about involvement and expectations for resolution.

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Key Terms and Mass Tort Glossary

Mass Tort Defined

A mass tort arises when many individuals are harmed by the same product, drug, or practice and pursue civil claims that are related by common facts. These actions differ from class actions because each claimant often maintains a distinct claim with individualized damage assessments, even though discovery and certain pretrial matters may be coordinated. Mass torts can involve pharmaceuticals, medical devices, toxic exposures, and consumer products. For residents of Clarksburg, recognizing the elements that link your injury to others—such as a shared product or manufacturer—helps determine whether your case fits into a broader coordinated litigation or should proceed separately in state court.

Multidistrict Litigation (MDL)

Multidistrict litigation is a federal procedure that consolidates pretrial matters for cases filed in different districts when those cases share common factual questions. An MDL streamlines discovery, motions, and expert processes to reduce duplication and improve judicial efficiency while allowing individual cases to be returned to their original courts for trial if needed. For people filing claims in West Virginia federal courts, MDL coordination can affect proceedings by centralizing evidence collection and settlement talks. Understanding MDL mechanics helps claimants in Clarksburg see how their case may be managed alongside similar cases nationwide and how coordination impacts timelines and communication.

Class Action Versus Mass Tort

Class actions combine many claimants into a single representative lawsuit with shared outcomes for the class, which can be efficient for certain types of claims. Mass torts, by contrast, typically maintain separate individual claims that are coordinated for pretrial purposes but preserve individualized damage assessments and potential individual trials. The choice between class action treatment and mass tort coordination depends on the nature of the injuries, the types of damages sought, and whether individual issues predominate. For a Clarksburg resident weighing options, discerning which structure fits the facts of a case will influence recovery methods, settlement distributions, and legal procedures.

Settlement and Individual Damages

Settlements in mass tort cases may be negotiated on a group basis or tailored to individual claimants based on medical records, severity of injury, and economic loss. While settlements can bring timely compensation and closure, they often require careful assessment of case value relative to potential outcomes at trial. Documentation of medical treatment, lost wages, and future care needs plays an important role in evaluating settlement offers. For those in Harrison County, understanding how settlements are structured—whether through global agreements, matrix-based distributions, or individual negotiations—helps set realistic expectations for recovery and future obligations.

PRO TIPS

Preserve Medical Records and Evidence

Preserving all medical records, treatment notes, and related documentation is essential when evaluating a mass tort claim because consistent records support the link between exposure or a product and the injury suffered. Gather hospital bills, imaging studies, medication lists, and any correspondence with healthcare providers to ensure a comprehensive record that will be useful during consolidated discovery or settlement evaluation. Keeping a timeline of symptoms, treatments, and communications can strengthen your claim and help legal counsel and others involved in the case accurately understand the progression and impacts of your injury.

Document Exposure and Product Information

Recording the details of your exposure or the defective product—such as dates, purchase information, batch numbers, or medication names—helps establish your connection to the larger group of claimants and can speed case assessment. Photographs, receipts, prescriptions, and packaging can all provide vital context for investigators and during consolidated discovery processes. When items are no longer available, contemporaneous notes about symptoms, where and how the product was used, and any communications with manufacturers or sellers can still be helpful to building a credible case narrative.

Communicate Changes in Condition Promptly

Reporting new symptoms, additional treatments, or changes in employment or care needs to your legal contact helps ensure your claim reflects current realities and that any settlement discussions consider ongoing impacts. Timely updates allow counsel to request supplemental records, adjust case value estimates, and address potential complications during coordinated negotiations. Open communication also helps address scheduling concerns around depositions, medical examinations, and court dates that may arise as mass tort cases advance through discovery and toward possible resolution.

Comparing Legal Options for Mass Injuries

When Comprehensive Representation Helps:

Complex Medical and Scientific Issues

Cases that hinge on complicated medical causation or scientific evidence often benefit from coordinated investigation and counsel capable of managing complex discovery and expert analysis, because these matters require careful review of studies, medical records, and technical data. Comprehensive representation helps ensure that relevant evidence is identified, tested, and presented during consolidated proceedings so that each claimant’s injuries are properly documented and framed. For individuals in Clarksburg facing such technical questions, thorough case development and communication about evidentiary needs can improve the clarity of each claim and how it fits within the overall litigation.

Multiple Parties or Nationwide Distribution

When a product has been distributed across many states or involves multiple manufacturers, coordinated legal action helps centralize discovery and reduce duplicative efforts, which can lower the burden on individual claimants and streamline shared investigations. A comprehensive approach supports consistent legal strategies, unified document handling, and efficient communication between courts and claimants, which can be especially valuable for Clarksburg residents whose cases are linked to nationwide distributions. Centralized handling also aids in negotiating settlements that account for the scope and scale of the defendant’s conduct.

When Limited, Individual Representation Is Appropriate:

Isolated or Unique Injuries

If an injury is highly individualized, unusual, or tied to circumstances that differ significantly from other claimants, pursuing an individual claim outside of broad coordination can be more effective to ensure tailored relief and precise damage calculation. In such scenarios, a focused approach allows for customized litigation strategy, individual discovery, and direct trial preparation that reflects the claimant’s unique facts and losses. For some Clarksburg residents, choosing an individualized path can preserve opportunities for specific remedies and a resolution that directly aligns with their personal needs and evidence.

Speed or Particular Remedies Needed Quickly

When immediate damages are required for medical care or financial stability, pursuing an individual claim or seeking early relief may provide a faster route to compensation than waiting for group-wide settlement processes. Limited approaches can focus on expedited discovery, targeted motions, or settlement negotiations geared specifically toward a claimant’s urgent needs. For residents of Harrison County who require timely assistance for medical bills or rehabilitation, discussing the possibility of an individualized filing or targeted relief can clarify whether that route will better serve short-term priorities.

Common Situations That Lead to Mass Tort Claims

Defective Medications or Devices

Many mass tort actions arise after medications or medical devices cause unforeseen harm to a significant number of patients, prompting coordinated claims to investigate design flaws, manufacturing problems, or inadequate warnings. In Clarksburg and elsewhere, affected individuals often pursue joined litigation to share inquiry, promote consistent discovery, and seek compensation for injuries, medical costs, and related losses.

Toxic Exposures and Environmental Harms

Widespread exposure to hazardous chemicals, environmental contaminants, or workplace toxins can generate mass tort claims when multiple people experience similar health effects linked to the same source. Consolidating those claims helps coordinate scientific study, medical monitoring, and legal strategies to address both individual harm and larger public health concerns in affected communities.

Dangerous Consumer Products

Consumer products with design defects, unsafe materials, or inadequate safety instructions can harm many users and lead to coordinated legal actions that seek compensation and safer solutions. For residents in Harrison County, reporting injuries and documenting product details are important early steps toward determining whether a mass tort path is appropriate.

Clarksburg Mass Torts Representation and Local Support

Why Choose Stephen New & Associates for Mass Torts

Stephen New & Associates offers representation to clients from Clarksburg and throughout West Virginia in matters involving large-scale injuries and product-related claims. The firm handles a variety of personal injury matters and brings careful case development, thorough records gathering, and persistent advocacy to each file. We aim to keep clients informed about consolidated proceedings, settlement timelines, and potential trial considerations so individuals can make informed choices about participation and expectations as the litigation progresses. Local knowledge of state courts and familiarity with regional medical providers can help in assembling proof and evaluating case value.

Clients working with our firm receive hands-on attention to preserve records, coordinate with other claimants when appropriate, and pursue fair resolutions for medical expenses, lost wages, and ongoing care needs. We prioritize communication so that Clarksburg residents understand how group coordination may influence settlement structures and how individual circumstances are accounted for in any global resolution. From initial case review through negotiation or trial preparation, we support clients in navigating the legal process with pragmatic guidance and focused advocacy tailored to each person’s situation.

Contact Our Clarksburg Mass Torts Team Today

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FAQS

What is a mass tort and how does it differ from a class action?

A mass tort is a type of civil claim where many individuals are harmed by the same product, medication, or practice and pursue related lawsuits that are coordinated for certain pretrial matters. Unlike a class action, which combines claimants under a representative plaintiff and shared outcomes, mass tort participants generally retain separate claims with individualized damages. This model allows each person’s unique medical history, economic losses, and non-economic harms to be considered while benefiting from coordinated discovery and investigation. Mass torts frequently arise in contexts such as defective medical devices, dangerous drugs, or widespread toxic exposures. Coordination through consolidated federal or state procedures helps manage discovery and common legal issues while preserving the possibility of individual trials when necessary. Understanding these differences helps claimants in Clarksburg weigh whether joining coordinated litigation or pursuing individual litigation best serves their particular situation and recovery objectives.

How do I know if my injury qualifies for a mass tort claim?

Determining whether your injury qualifies for a mass tort claim begins with reviewing the nature of your harm, when it occurred, and whether others experienced similar injuries after exposure to the same product or practice. Key factors include medical records that link the injury to the product, evidence of widespread distribution or common defect, and patterns of complaints or reports that show multiple affected individuals. For Clarksburg residents, collecting treatment records, device or medication details, and written accounts of symptoms can help assess eligibility for coordinated legal action. An initial consultation will focus on those records and the connection to a larger group of claimants. If the facts align with existing mass tort litigation or a known federal multidistrict proceeding, your matter may be included in coordinated efforts that streamline discovery and settlement negotiations while still accounting for individual damages. If the situation appears unique, an individualized claim may be recommended instead.

What is multidistrict litigation and will my case be part of an MDL?

Multidistrict litigation, or MDL, is a federal procedure that consolidates pretrial matters for related cases filed across different districts to improve efficiency and consistency in handling discovery and motions. If the Judicial Panel on Multidistrict Litigation orders consolidation, similar cases are transferred to a single district judge for coordinated pretrial management. For many mass torts involving products distributed nationwide, MDLs centralize evidence gathering, expert work, and dispute resolution efforts, which can benefit claimants by avoiding repetitive litigation steps in multiple courts. Whether your case becomes part of an MDL depends on where it was filed and whether related cases exist in multiple districts. Even if an MDL is formed, your claim can often be returned to its original court for trial if individual issues require separate adjudication. Discussing the specifics of your filing location and case details can clarify if MDL procedures are likely to affect your matter.

How are settlements typically handled in mass tort cases?

Settlements in mass tort cases are often negotiated through a combination of group-level talks and individualized evaluations that consider each claimant’s medical treatment, economic losses, and pain and suffering. Global settlements may use a structured formula or matrix to allocate compensation among participants, while other resolutions allow for negotiation of individual amounts based on severity. Settlement discussions typically occur after substantial discovery and documentation of injuries, which helps ensure offers reflect the range of harms present among claimants. Claimants should carefully review settlement terms for release language, compensation timelines, and any requirements for participation in future distributions or medical monitoring programs. For Clarksburg residents, having clear documentation and knowing how group settlements interact with individual recovery needs helps in evaluating whether a proposed resolution provides fair and timely compensation for current and expected losses.

Will I still be able to pursue an individual trial if I join a mass tort?

Yes, participating in coordinated mass tort proceedings does not automatically waive a claimant’s right to pursue an individual trial if particular circumstances require separate adjudication. Consolidation or coordination typically applies to discovery and pretrial motions, while individual claims often remain separate for purposes of damages and trial scheduling. This structure helps maintain fairness by allowing unique cases to proceed independently when the facts or injuries differ significantly from the broader group. If you are considering joining a mass tort, it is important to understand how coordination will affect your case and whether conditions exist that could lead to individual trial treatment. An informed discussion about case facts and the likely trajectory of consolidated litigation will clarify whether preserving the possibility of an individual trial is advisable for your specific circumstances.

How long does a mass tort case usually take to resolve?

The timeline for resolving a mass tort can vary widely depending on factors such as the complexity of medical issues, the scope of discovery, whether multidistrict procedures are applied, and how settlement talks progress. Some mass torts proceed to settlement within a matter of months after consolidation, while others involve years of litigation, expert analysis, and phased trials before a global resolution is reached. For claimants, patience and sustained documentation of treatment and losses are important throughout this process. Clarksburg residents involved in these matters should plan for a process that may include extensive records collection, depositions, and negotiated settlement frameworks. While timelines can be unpredictable, consistent communication with counsel about developments, settlement proposals, and anticipated next steps helps claimants manage expectations and plan for financial and medical needs during the litigation.

What kinds of evidence should I preserve for a mass tort claim?

Preserving medical records, prescriptions, hospital bills, and any diagnostic imaging is essential for demonstrating the nature and extent of injury in a mass tort claim. It is also helpful to keep documentation of employment impacts, lost wages, and receipts for out-of-pocket expenses related to treatment and recovery. When a product or medication is involved, retaining packaging, labels, prescription bottles, or photographs of the item and any identifying numbers supports efforts to link harm to a specific source. Additionally, maintaining a detailed timeline of symptoms, treatment dates, and communications with healthcare providers or manufacturers enhances credibility and ease of case preparation. Sharing these materials promptly with legal counsel allows for quicker case assessment, timely preservation of evidence, and more effective participation in consolidated discovery or settlement negotiations across related claims.

Are punitive damages possible in mass tort litigation?

Punitive damages may be available in mass tort litigation when the defendant’s conduct is found to be egregious, reckless, or intentionally harmful beyond ordinary negligence. These damages are intended to punish particularly wrongful behavior and deter similar conduct, and their availability depends on the governing law and the specific facts of the case. For many mass torts, plaintiffs focus first on compensatory damages for medical costs, lost income, and pain and suffering, while punitive claims are evaluated based on the evidence of the defendant’s state of mind and actions. Whether punitive damages apply in a particular mass tort will depend on jurisdictional rules and the strength of proof showing intentional misconduct or gross negligence. Discussing the facts of your case with counsel can clarify whether punitive claims are plausible and what kind of evidence will be necessary to pursue that form of relief alongside compensatory damages.

Can I join a mass tort if I received only minor injuries?

Joining a mass tort is possible even if your injuries are relatively minor, but the decision depends on whether your harm aligns with the group’s claims and whether participation makes sense given potential settlement structures. Some global settlements set thresholds for recovery based on the severity of injury, which can affect compensation for those with lesser harm, while other arrangements account for a wider range of injuries through tiered distributions. Understanding how a proposed settlement would treat minor injuries is an important part of deciding whether to participate. If your condition is ongoing or you expect additional medical care, joining coordinated litigation may preserve rights to future compensation that could better address long-term effects. Consulting with counsel about how minor injuries have been handled in similar cases helps Clarksburg residents evaluate the likely benefits and downsides of joining a mass tort or pursuing an individual claim instead.

How do fees and costs typically work in mass tort cases?

Fee arrangements in mass tort cases commonly follow contingency structures, where counsel is paid a percentage of any recovery rather than charging upfront hourly fees, though specifics vary by case and jurisdiction. Costs for expert reports, filings, and other litigation expenses may be advanced by counsel and deducted from any settlement or award, sometimes subject to prior agreement on how those costs are handled. Clear communication about fee percentages, expense responsibilities, and timing of payments is essential before proceeding with representation. Clients should request a written fee agreement that explains how fees and costs will be calculated, whether expenses are refundable if no recovery occurs, and how settlement distributions will be processed. For residents of Clarksburg, understanding these financial arrangements helps ensure transparent expectations and informed decisions about pursuing participation in coordinated litigation or seeking an individualized resolution.