Successful resolution of mass tort and other complex litigation requires a comprehensive, integrated, flexible strategy tailored to address the risks presented, efficiently and cost-effectively, consistent with business needs and financial resources. RKG works with its clients to assess litigation risk and to develop and implement an appropriate litigation and resolution strategy to manage risk and maximize the likelihood of a successful outcome.
Because no two mass torts are alike, the elements and timing of settlement strategy vary in each litigation. Careful evaluation of the comparative risks and benefits of litigation and settlement, and how the balance of those risks may change over time, is essential. Considerations that may encourage defendants to litigate cases because they appear to represent little risk include overarching legal defenses that might permit early resolution of the case on a motion to dismiss, factual weakness of a significant portion of the claims or small potential damages. Similarly, where deterring future litigation is a primary goal in defending existing lawsuits, a defendant may pursue litigation, at least for a time, in an effort to narrow the issues and potential exposure and weed out weak cases or eliminate claims. Conversely, where a mass tort involves substantial risk, including threatening a company’s viability, relatively early initiation of a settlement program is essential to resolve the matter at the least possible cost in the shortest possible time. In all cases, a comprehensive strategy with a realistic “end-game” plan is essential to resolve a mass tort litigation successfully. As counsel for a party or as a neutral third party, RKG has the requisite experience and skill to assess when resolution is appropriate and to advise on realistic routes to achieving it.
Once a decision is made to pursue a resolution strategy, RKG can provide guidance on which of the potential settlement models – including class action settlements, inventory and other aggregate settlements, individual settlements, “mass action” resolution — should be used, either individually or in combination. RKG has extensive experience in negotiating and drafting settlement agreements, preparing other required documentation, obtaining court approvals where necessary, and accurately and efficiently implementing the settlements. Further, RKG has experience in efficiently administering settlements and claims processing, including addressing bankruptcies, probates, and liens asserted against settlements by healthcare and other providers, which is essential to protect clients against potential additional exposure. RKG also has experience in counseling its clients on compliance with Medicare and other reporting obligations in connection with settlements.