Already Diagnosed? How to Start Your Mass Tort Claim

If you have been diagnosed with a serious injury linked to a pharmaceutical product — whether a meningioma after Depo-Provera or gastroparesis after a GLP-1 drug — you may be wondering how to actually start the legal process. Filing a mass tort claim can feel overwhelming, especially when you are also managing a medical condition. This guide walks you through every step, from diagnosis to filing, so you know exactly what to expect and what to do.

Step 1: Confirm Your Diagnosis

Before pursuing a legal claim, you need a confirmed medical diagnosis of a qualifying injury. In mass tort litigation, the strength of your case depends heavily on the quality of your medical documentation.

For Depo-Provera Meningioma Claims

• Brain imaging (MRI or CT scan) showing a meningioma
• Surgical pathology report if the tumor was removed, confirming the tumor type and WHO grade
• Neurosurgeon or neurologist records documenting the diagnosis, treatment plan, and ongoing monitoring

For GLP-1 Drug Claims

• Gastric emptying study (GES) — the gold standard test for gastroparesis claims, showing delayed gastric emptying
• Surgical records — for gallbladder removal or bowel obstruction surgery
• Ophthalmology records — for NAION/vision loss claims, including visual field testing and optic nerve imaging
• Gastroenterology records — documenting your diagnosis and treatment

If you suspect you have a qualifying injury but have not been formally diagnosed, see your doctor first. A confirmed diagnosis is the foundation of any viable claim.

Step 2: Gather Your Medical Records

Once your diagnosis is confirmed, the next step is collecting the medical records that document both your drug exposure and your injury. You will need:

Drug Exposure Records

• Pharmacy records — showing prescriptions filled for Depo-Provera, Ozempic, Wegovy, Mounjaro, or other covered drugs. Your pharmacy can provide a printout of your prescription history.
• Medical records — progress notes from your prescribing doctor documenting the drug being prescribed and administered
• Insurance claims — your health insurance company can provide an explanation of benefits (EOB) showing claims related to the drug
• Injection records — for Depo-Provera specifically, records from the provider who administered each injection

Injury Documentation

• Diagnostic test results — MRI reports, gastric emptying study results, ultrasound findings, surgical pathology reports
• Hospital records — if you were hospitalized for your condition
• Treatment records — operative reports, radiation therapy records, rehabilitation notes
• Follow-up records — ongoing monitoring, surveillance imaging, follow-up appointments

Impact Documentation

• Employment records — documentation of missed work, reduced hours, job changes, or disability related to your injury
• Medical bills — itemized bills for all treatment related to your injury
• Personal documentation — notes about how the injury has affected your daily life, relationships, and activities (some attorneys call this a “day in the life” account)

Tip: Request your records as soon as possible. Medical facilities are required to provide copies under HIPAA, but processing can take 30 days or more. Starting early prevents delays.

Step 3: Consult an Attorney

With your diagnosis confirmed and your records being gathered, the next step is a free legal consultation. Here is what to expect:

What Happens During the Consultation

• You describe your situation. An attorney or intake specialist will ask about your drug use history, your diagnosis, your treatment, and how the injury has affected your life.
• They evaluate your eligibility. Based on the information you provide, the attorney determines whether your case meets the criteria for the relevant litigation.
• They explain the process. You will learn about the MDL process, timeline expectations, and what your role will be as a client.
• They explain the fee structure. Mass tort attorneys work on contingency — you pay no fees upfront and no fees at all unless your case results in a recovery. The fee is a percentage of any settlement or verdict you receive.

What to Look for in an Attorney

• Experience in pharmaceutical mass torts — not all personal injury attorneys handle mass tort cases
• Active involvement in the relevant MDL — attorneys who are directly participating in the litigation are best positioned to handle your case
• Clear communication — you should feel comfortable asking questions and understand the answers
• No upfront costs — any legitimate mass tort attorney works on contingency

Red Flags to Watch For

• Attorneys who guarantee a specific dollar amount before your case is evaluated
• Requests for upfront payment
• Pressure to sign immediately without time to review the retainer agreement
• Vague answers about their experience or role in the litigation

Step 4: Sign a Retainer Agreement

If you and the attorney agree to move forward, you will sign a retainer agreement — a contract that formally establishes the attorney-client relationship. This agreement specifies:

• The scope of the representation
• The contingency fee percentage
• How costs and expenses are handled
• Your rights and obligations as a client
• The attorney’s obligations to you

Read the agreement carefully. Ask questions about anything you do not understand. A good attorney welcomes questions and wants you to feel informed and comfortable.

Step 5: Your Attorney Files the Claim

Once retained, your attorney handles the filing process:

1. Drafting the complaint — a legal document that formally states your claims against the manufacturer
2. Filing in federal court — your case is filed and then transferred to the appropriate MDL for pretrial proceedings
3. Completing the plaintiff fact sheet — a standardized form providing detailed information about your drug use, diagnosis, treatment, and damages. Your attorney will work with you to complete this accurately.
4. Producing medical records — your records are provided to the litigation through the formal discovery process

After filing, your case becomes part of the active MDL proceedings. From this point forward, your attorney manages the legal process while you focus on your health.

Step 6: What to Expect After Filing

The Waiting Period

Mass tort litigation takes time. After filing, there may be months or even years of pretrial proceedings before your case reaches resolution. During this time:

• Stay in touch with your attorney. Respond promptly to requests for information or documents.
• Continue your medical treatment. Follow your doctors’ recommendations and keep your medical records current.
• Do not discuss your case publicly. Avoid posting about your legal claim on social media or discussing details with anyone outside your legal team.

Possible Milestones

• Bellwether trials — test cases go to trial, which often triggers settlement negotiations
• Settlement offer — if a global settlement program is proposed, your attorney will explain the offer and advise you on whether to accept
• Individual trial — if no settlement is reached, your case may proceed to trial in your home jurisdiction

For more detail on the litigation timeline, see our trackers for the Depo-Provera MDL and the GLP-1 litigation.

Frequently Asked Questions

How long does it take from filing to resolution?

Mass tort cases typically resolve within 3-5 years of filing, though timelines vary based on the specific litigation. Filing earlier generally means your case is further along in the process when resolution occurs.

Will I have to go to court?

Most mass tort claimants never appear in court. The pretrial process and settlement negotiations are handled by your attorney and the MDL leadership team. Only bellwether trial plaintiffs and, potentially, claimants who reject settlement and proceed to individual trial need to appear in court.

What if I cannot find all my medical records?

Your attorney can help. Law firms handling mass tort cases have dedicated teams that specialize in obtaining medical records. Pharmacy chains, insurance companies, and medical facilities all maintain records that can be requested. Even partial records can support a viable claim.

Can I file if I am not a U.S. citizen?

Eligibility is based on where you received the drug and where you were injured, not your citizenship status. If you used a covered drug in the United States and were injured here, you may be eligible to file.

What happens if my attorney does not return my calls?

You have the right to responsive communication from your attorney. If you are not hearing back, escalate your concern in writing (email). If the problem persists, you have the right to seek new representation. Your case belongs to you.

Take the Next Step

Starting a mass tort claim is simpler than most people expect. With a confirmed diagnosis and the right legal team, the process is manageable — and it begins with a single step.

If you or a loved one has been diagnosed with an injury linked to Depo-Provera or a GLP-1 drug, request a free case review today.

Advertisement. This content is provided for informational purposes only and does not constitute legal advice. NuLegal | Ashkaan Hassan, Esq. | CA Bar #283629