Before mass tort intake, gather proof of product exposure, medical records, an injury timeline, relevant health history, and documents supporting claimed damages. These records help a lawyer assess a claim, but they do not create eligibility; each litigation has its own court-defined requirements. A mass tort involves many individual injury claims tied to the same type of product or conduct. Intake is the initial review in which a law firm collects facts and documents to decide whether a claim warrants further investigation.
Table of Contents
- Document the exact product and exposure
- Build the medical proof of injury
- Create one clear injury timeline
- Include history that may reveal other explanations
- Match damages records to what you claim
- Handle Medicare and death claims separately
Document the exact product and exposure
Start with evidence identifying what you used, received, or had implanted. Product names alone may be insufficient when several manufacturers, strengths, models, or lots exist. Gather what applies: The FDA's reporting instructions identify these product details as useful evidence, including dates of treatment and device identifiers such as model and serial numbers.
FDA instructions for completing Form FDA 3500 Preserve containers and unused products instead of discarding them. In the GLP-1 multidistrict litigation, or MDL, the court specifically requests receipts, packaging, labels, photographs, and remaining product. An MDL coordinates related federal lawsuits for pretrial proceedings.
- Pharmacy dispensing histories and prescription records
- Treatment start and stop dates
- Brand and manufacturer names
- Drug strength and National Drug Code, or NDC
- Lot numbers
Build the medical proof of injury
Collect records that show the condition, how clinicians evaluated it, and what treatment followed. Useful sources include hospitals, emergency departments, treating physicians, imaging facilities, laboratories, and diagnostic testing providers. Prioritize: A diagnosis label may not be enough when a litigation requires objective confirmation.
For example, the GLP-1 mdl requires medical records reflecting the alleged injury and diagnostic confirmation for conditions such as gastroparesis. Eastern District of Pennsylvania GLP-1 MDL order If records are missing, prepare a provider list with names, locations, approximate treatment dates, and the reason for each visit. That gives intake staff a practical starting point for record requests.
- Records stating the diagnosis or suspected diagnosis
- Imaging, laboratory, pathology, and test results
- Admission and discharge records
- Treatment notes and procedure reports
- Medication lists
Create one clear injury timeline
Write a dated timeline connecting product use, symptoms, diagnosis, treatment, and recovery. Separate dates you know from dates you estimate, and label uncertain entries as approximate.
Include: Do not force the facts into a cause-and-effect story. A useful timeline records what happened and when, including symptoms that began before product use or continued after use stopped.
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- First and last use, ingestion, exposure, or implantation
- When symptoms first appeared
- Diagnosis and treatment dates
- Hospital admission and discharge dates
- Procedures and major changes in treatment
Include history that may reveal other explanations
Do not limit the file to records created after the alleged injury. Relevant baseline records can show prior diagnoses, medications, procedures, and providers that may support or complicate the claim.
Prepare a focused history covering: This information does not automatically defeat a claim. It helps the reviewing lawyer distinguish a new injury from a preexisting condition, progression of an earlier illness, or another possible explanation.
- Similar symptoms before exposure
- Earlier diagnoses involving the same body system
- Prior surgeries or procedures
- Other medications used near the same period
- Providers who treated related conditions
Match damages records to what you claim
Medical records document treatment, but additional damages require additional support. Gather employment or mental-health records only when you seek compensation that places those subjects at issue. For claimed wage loss, preserve pay statements, attendance records, leave documents, and employer information.
For claimed emotional distress requiring mental-health evidence, identify the relevant providers and treatment periods. The GLP-1 court exempts claimants who are not seeking wage-loss or emotional-distress damages from the corresponding employment or mental-health releases. Avoid collecting unrelated sensitive records merely to make the intake packet larger.
Handle Medicare and death claims separately
If the injured person receives Medicare, record the Medicare identifying information and the first exposure, ingestion, or implantation date. The Centers for Medicare & Medicaid Services requires that date when a potential liability payment is reported and may seek repayment of related conditional payments. CMS liability, no-fault, and workers' compensation reporting guidance For a deceased claimant, determine who has legal authority to request protected medical records.
HHS explains that an executor, administrator, or another person authorized under state law acts as the decedent's personal representative for HIPAA access. HHS guidance on personal representatives Include the estate appointment, letters of administration, or equivalent authority document with the intake materials. Without proof of authority, the person submitting the claim may be unable to obtain the records needed for review.
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