Claimant volume & profiles

• To help us assess fit, roughly how many potential claimants are you referring? Options: 1-10, 11-50, 51-200, 201-1,000, 1,001-5,000, 5,001+ (very large pool)
• Briefly describe the typical claimant profile or primary injuries/claims we should expect

Jurisdictions & venue

• Which statement best describes the geographic distribution of claimants? Options: Single state, 2-5 states, 6-20 states, Nationwide / many states, Undetermined
• If known, list the specific states or federal venues most likely to be involved

Decision authority & referral source

• Who will make the final decision to move forward with full case discovery? Options: Referring attorney / solo decision-maker, Firm partner or lead counsel, State attorney general or agency official, Steering committee or multi-stakeholder group, Other, Unsure
• Who else will influence that decision (co-counsel, clients, funders), and how should we plan to engage them?

Timing, funding & compliance

• What is your desired timeline for starting full discovery or coordinated intake? Options: Immediate (within 30 days), 1-3 months, 3-6 months, 6-12 months, No firm timeline / exploratory
• Is funding already allocated for medical records retrieval, expert development, or case funding? Options: Yes — budget committed, Partially — some funding identified, No — funding needed, Contingent on agreement, Unsure
• Will medical records or protected health information (PHI) be shared during intake if we proceed? Options: Yes — PHI expected, No — PHI will not be shared, Unsure / likely some PHI

Quick snapshot: The referral in one paragraph

• Tell me briefly about the referral or lead you are bringing, including the trigger event and how these individuals came to you
• How many potential claimants do you estimate are in the initial pool? Options: 1–25, 26–100, 101–500, 501–2,000, 2,000+
• When did the triggering study, recall, or disclosure first surface for this group? Options: Within 3 months, 3–6 months, 6–12 months, Over a year
• Who at your firm typically signs off on referring matters like this to outside co-counsel? Options: Lead plaintiff counsel, Managing partner, Intake manager, State AG litigation lead, Other
• Which jurisdictions contain the majority of likely claimants in this pool? Options: Single state, Multiple states regionally, Nationwide but concentrated, Nationwide dispersed, Include federal venues
• Describe any urgent timing windows we should know about, such as statute of limitations, regulatory comment deadlines, or scheduled hearings
• If you had to walk away from pursuing this referral right now, what single missing fact or failure would cause you to stop?

If the evidence shifts, what breaks first

• If initial scientific or medical review weakens the causal story, how would that change your plan for these claimants? Options: Pause referrals, Proceed selectively, Seek more funding for experts, Push for early mediation, Other
• Walk me through the primary injuries, diagnoses, or endpoints that appear across the claimant set
• How many claimants already have medical records obtained or executed releases? Options: None, 1–10%, 10–40%, 40–75%, 75%+
• Who has been the most common treating provider type for these claimants, and are they clustered geographically? Options: Primary care only, Specialists primarily, Hospital systems, Mixed and dispersed, Unknown
• On a scale from 1 to 5, how confident are you that retained experts could meaningfully support causation in the jurisdictions involved? Options: 1, 2, 3, 4, 5
• What single evidentiary gap, if not closed within 8 weeks, would make you decline co-counsel or advise claimants to settle early?

The people behind the files: who they are and what matters to them

• Why do these individuals trust you with the referral rather than pursuing matters locally or alone?
• List the age ranges, common comorbidities, and any socioeconomic factors that affect follow up or expert availability
• When you have screened similar cohorts in the past, what operational lessons should we apply here?
• Do any claimants have active counsel, existing settlements, or release language that could block intake? Options: Yes, many, Yes, a few, No, Unknown
• Estimate the percent of claimants ready today to sign releases and attend an independent medical exam Options: 0–10%, 11–30%, 31–60%, 61–90%, 90%+
• Should court or MDL deadlines compress intake to 90 days, roughly what share of your pool would drop out or be unreachable? Options: Under 10%, 10–25%, 26–50%, 51–75%, Over 75%
• Name the single operational failure that would cause you to stop referring claimants to an outside firm

Outcomes that make this worth it

• Imagine we secure results from litigation or settlement, which single outcome would make you feel this referral succeeded for your clients? Options: Full medical compensation, Meaningful non-economic damages, Interim payments, Precedent-setting ruling, Systemic change
• Describe how you prioritize compensation for medicals, pain and suffering, punitive damages, and precedent when advising clients
• Within what timeframe would interim payments need to arrive to avoid severe client hardship? Options: Within 30 days, 30–90 days, 3–6 months, No interim needed
• Select the non-financial outcomes that matter most to your clients or office Options: Public admission or apology, Labeling or recall, Policy or regulatory change, Court opinion establishing liability, None of the above
• What level of fee-sharing transparency and reporting would you require to remain engaged through settlement? Options: Detailed itemized reporting, Periodic summaries, High-level totals only, I have no preference
• Name the contractual protection that, if absent, would make you stop referring cases

Where the case could unravel, and how we avoid it

• Where does this set of cases look most likely to collapse under Daubert, jurisdictional, or standing challenges?
• Tell me about claimant attrition drivers you have seen in prior mass tort matters and how fast attrition typically runs
• Identify external actors likely to push for an early global resolution, such as regulators, defense counsel, or insurers Options: Regulators, Large national defense firms, Insurers, Settlement administrators, Other
• Are there existing settlements, class releases, or prior releases that could legally limit recovery for these claimants? Options: Yes, significant issues, Yes, isolated issues, No known barriers, Unknown, needs review
• Estimate the minimum claimant pool size you believe is necessary to justify sustained litigation and leverage Options: Under 100, 100–500, 500–1,000, 1,000–5,000, Over 5,000
• Would a contradictory regulatory finding be a deal killer for your referrals? Options: Yes, stop referrals immediately, Maybe, would reassess, No, continue referrals, Unsure

The other paths on the table

• Assuming you stay with current counsel or handle this internally, what would need to be true for that to remain preferable to hiring outside co-counsel?
• List the other firms or internal options you are actively evaluating and the single attractive reason for each
• Under what specific conditions would you remain with the incumbent approach instead of changing to external counsel?
• Has anyone inside your office proposed solving this without outside counsel, and if so what additional resources did they commit? Options: Yes, funding, Yes, extra staff, Yes, expert relationships, No proposal, Unknown
• Would you switch to an incumbent that matched fee transparency and expert funding, yes or no Options: Yes, No, Maybe

Operational readiness and constraints we must clear

• Can your team produce signed releases and medical records for a representative subset within 30 days? Options: Yes, for a sample set, Yes, for most claimants, No, will take longer, Unknown
• Identify which third-party systems must integrate for intake and document transfer, for example intake CRM, court docket, or medical records vendor
• Point to the role title responsible for data access and approvals inside your organization
• Do you have the headcount and administrative capacity to support expert exams, discovery production, and bellwether prep in parallel? Options: Yes, dedicated resources, Yes, with temporary help, No, capacity gap, Unsure
• Are there required regulatory approvals, state AG reviews, or litigation holds that could gate the timeline? Options: Yes, multiple, Yes, one or two, No, Unknown
• Roughly how many jurisdictions will require subpoenas or court orders to access records? Options: None, 1–2, 3–5, 6–10, More than 10
• Can you commit to a named person and a timeline for producing an initial data package within 21 days, yes or no Options: Yes, No, Need discussion

Deciding and moving forward

• Provide the non-negotiable items that would get you to sign a co-counsel agreement within 14 days
• On a scale from 1 to 5, how quickly can your leadership approve engagement paperwork once key terms are agreed? Options: 1, 2, 3, 4, 5
• Provide the roles that must approve the engagement and their typical review timeframes
• Select the payment milestones or expert funding commitments that are deal breakers for you Options: Initial expert escrow, Milestone-based payments, Interim settlement distributions, No upfront funding required, Other
• Will you consider a pilot tranche of cases or an initial volume commitment within 30 days, yes or no Options: Yes, pilot tranche, No, need full engagement, Maybe, with conditions
• Given alignment, choose the realistic earliest timeline you could sign: within 7 days, 14 days, or 30 days Options: Within 7 days, Within 14 days, Within 30 days, Longer than 30 days

• Firm Approach & Outcomes — Solution Experience

• Confirm the current state and its cost to your team
• You confirm the demonstrated intake-to-trial workflow eliminates the timing and evidence gaps you described.
• Seller to run the buyer's three representative claimant profiles through the intake-to-bellwether scenario and deliver a tailored readiness roadmap before the follow-up session.
• You confirm the shown bellwether and MDL scenarios produce the interim recovery and settlement timing safeguards you need.
• Walk through the intake-to-science path with your sample cases
• Buyer to provide three representative claimant profiles, preliminary medical summaries, and any known jurisdictional constraints.
• Demonstrate bellwether strategy and MDL leadership outcomes
• You confirm the fee-sharing and governance mechanics remove opacity and create an auditable settlement distribution path.
• Buyer to confirm the decision committee members and the target decision timeline for moving to Engagement Scope.
• Show the fee-sharing and governance mechanics
• Validate alignment with your needs

• Firm Approach & Outcomes — Solution Experience
• Solution Experience Deck — Firm Approach & Outcomes
• Solution Brief — Firm Approach & Outcomes

• meeting
• slides
• document

• Plaintiff Intake and Enrollment
• Medical Records Collection and Review
• Retain and Manage Causation Experts
• Epidemiology and Exposure Study Coordination
• Document Review and ESI Processing
• Bellwether Case Preparation and Prosecution
• MDL Leadership and Case Coordination
• Trial Preparation and Jury Trial Representation
• Settlement Negotiation and Resolution
• Settlement Administration and Distribution Support
• Litigation Funding and Cost Advancement
• Co-Counsel Fee Allocation Agreements

Plaintiff Intake and Enrollment

• How will claimants enter intake (referral portal, intake hotline, local counsel upload, direct web form)? Options: Referral portal, Intake hotline, Local counsel upload, Direct web form, Other
• What is your projected number of enrolled claimants in months 0-12? Options: Less than 100, 100-499, 500-1,999, 2,000 or more
• Do you require specific enrollment documents at intake (signed plaintiff release, medical authorization, device serial/lot info)? Options: Yes, No
• Which claimant eligibility criteria must the intake form capture (injury diagnosis code, exposure date range, device lot number, treating physician)? Options: Diagnosis code, Exposure date range, Device lot number, Treating physician, Other
• Who will validate claimant identity and initial eligibility for enrollment (intake coordinator, referring attorney, automated verification)? Options: Intake coordinator, Referring attorney, Automated verification service, Other
• When do signed plaintiff releases and medical authorizations need to be received to meet intake deadlines? Options: At first contact, Within 7 days of enrollment, Within 30 days of enrollment, Other

Medical Records Collection and Review

• List the record sources required for medical review (hospital records, imaging studies, physician office notes, billing/claims such as CMS files).
• Specify the signed authorization workflow you will use for records retrieval (scanned HIPAA authorization upload, e-signature via portal, hard-copy courier). Options: Scanned upload, E-signature portal, Hard-copy courier, Other
• Identify the date ranges or exposure windows to request from medical providers (earliest symptom date to last treatment date).
• Describe the required record formats and delivery methods from providers (native EHR export, CCD/CCDA, searchable PDF). Options: Native EHR export, CCD/CCDA, Searchable PDF, Other
• Are redaction and coding for PHI and structured data needed before expert review? Options: Yes, No
• Confirm the acceptance criteria for complete medical record sets for a claimant (signed authorization, full hospital chart, imaging files, billing records). Options: Signed authorization + hospital chart + imaging + billing, Signed authorization + partial records, Other

Retain and Manage Causation Experts

• Identify the expert disciplines you will retain for causation (toxicology, epidemiology, cardiology, orthopedics, pharmacology). Options: Toxicology, Epidemiology, Cardiology, Orthopedics, Pharmacology, Other
• Specify the Daubert readiness deliverables required for each expert (CV, prior testimony list, litigation support history, draft report). Options: CV, Prior testimony list, Litigation support history, Draft report, Other
• Are conflict checks and disclosure of prior defense engagements required for retained experts? Options: Yes, No
• By when must each expert be engaged relative to intake milestones (within first 100 enrollments, within 6 months, before bellwether selection)? Options: Within first 100 enrollments, Within 6 months, Before bellwether selection, Other
• Provide the form of evidence you will accept to confirm expert funding commitments (signed engagement letter, retainer deposit, executed invoice). Options: Signed engagement letter, Retainer deposit, Executed invoice, Other
• Detail the expected expert deliverables for causation work product (narrative report, exposure timeline, literature synthesis, rebuttal packet). Options: Narrative report, Exposure timeline, Literature synthesis, Rebuttal packet, Other

Epidemiology and Exposure Study Coordination

• Describe the study designs you plan to pursue for exposure analysis (retrospective cohort, case control, registry analysis). Options: Retrospective cohort, Case control, Registry analysis, Other
• Specify which external datasets should be integrated (state disease registries, manufacturer distribution logs, claims databases). Options: State registries, Manufacturer distribution logs, Claims databases, Other
• Identify the exposure window definitions required for study inclusion (product market release date to last known exposure date, specific lot ranges).
• Who will own protocol sign-off and IRB submissions for epidemiologic work? Options: In-house study lead, External academic partner, Third-party CRO, Other
• Confirm the acceptance criteria to validate study readiness (data access agreements executed, minimum analyzable cohort size met). Options: DAAs executed + cohort size met, Partial DAAs or cohort size pending, Other
• Outline the data linkage and de-identification standards you require for integrated datasets (deterministic match, probabilistic match, HIPAA safe harbor). Options: Deterministic match, Probabilistic match, HIPAA safe harbor, Other

Document Review and ESI Processing

• Estimate the expected ESI volume for initial processing in either GB or approximate document count. Options: Less than 100 GB / <100k docs, 100-500 GB / 100k-500k docs, More than 500 GB / >500k docs
• Which custodial sources must be collected and processed (email mailboxes, shared drives, mobile devices, cloud collaboration platforms)? Options: Email mailboxes, Shared drives, Mobile devices, Cloud collaboration platforms, Other
• Specify the review coding taxonomy required for document tagging (medical relevance, causation, privilege, settlement relevance). Options: Medical relevance, Causation, Privilege, Settlement relevance, Other
• Select the preferred review load file format for attorneys and vendor workflows (native format, searchable PDF, Concordance load). Options: Native format, Searchable PDF, Concordance load, Other
• Identify required preservation and chain-of-custody steps for key custodians and devices.
• Describe your privilege review approach for ESI (manual review, technology-assisted review, predictive coding). Options: Manual review, Technology-assisted review, Predictive coding, Other

Bellwether Case Preparation and Prosecution

• Identify the bellwether selection criteria you will use (representativeness, injury severity, geographic diversity, completeness of records). Options: Representativeness, Injury severity, Geographic diversity, Completeness of records, Other
• State the target number of bellwether trials within the first 24 months. Options: None, 1-2, 3-5, 6 or more
• Are separate budgets required per bellwether for depositions, expert fees, and demonstratives? Options: Yes, No
• Assign responsibility for preparing bellwether-specific case files and demonstrative exhibits. Options: Central litigation team, Assigned case lead, Co-counsel, Other
• Indicate trial readiness metrics a bellwether must meet before selection (complete expert reports, deposition schedule, medical records complete). Options: Two expert reports + records complete, One expert report + records complete, Other
• Explain the preferred approach to pre-trial motions for bellwethers (Daubert early, consolidated motions, individual motions per case). Options: Daubert early, Consolidated motions, Individual motions per case, Other

MDL Leadership and Case Coordination

• Describe the MDL leadership services you expect in scope (lead counsel filings, discovery master plans, PTO compliance). Options: Lead filings, Discovery master plan, PTO compliance, Other
• Choose the governance cadence for MDL steering and case review meetings. Options: Weekly, Biweekly, Monthly, Quarterly
• Identify the centralized case management artifacts required (master exhibit list, common fact depositions, centralized discovery database). Options: Master exhibit list, Common fact depositions, Central discovery database, Other
• Are shared document repositories with permissioned access required for MDL coordination? Options: Yes, No
• Set the expected number of cases to be centralized in the MDL during year one. Options: Fewer than 100, 100-499, 500-1,999, 2,000 or more
• Determine the preferred common-benefit cost allocation method (time-based contribution, percentage of recovery, fixed common fund). Options: Time-based, Percentage of recovery, Fixed common fund, Other

Trial Preparation and Jury Trial Representation

• Identify the jurisdictions where you anticipate jury trials and any jurisdiction-specific deadlines to track.
• Specify what trial-readiness deliverables must be completed before counsel will proceed to trial (jury instructions, demonstratives, Daubert motions resolved). Options: Jury instructions, Demonstratives, Daubert motions resolved, Other
• Are courtroom technology services required for high-fidelity demonstratives and electronic exhibit display? Options: Yes, No
• What ceiling on expert and trial consultant spend do you authorize per jury trial? Options: Under $50k, $50k-$200k, $200k-$500k, Over $500k
• Will you designate lead trial counsel for each jurisdiction prior to trial scheduling? Options: Yes, No
• Clarify the preauthorized settlement authority thresholds for trial teams during active trial (e.g., percentage of proposed recovery or fixed dollar cap).

Settlement Negotiation and Resolution

• Propose the fee-sharing model you prefer for negotiated settlements (percentage split, tiered waterfall, fixed fee per claimant). Options: Percentage split, Tiered waterfall, Fixed fee per claimant, Other
• Select settlement priorities to be enforced in offers (individual compensation floors, confidentiality terms, no reversion clauses). Options: Compensation floors, Confidentiality, No reversion, Other
• Do you require mediation or a neutral evaluation step before global settlement discussions? Options: Yes, No
• List the claimant-level documentation required to support a settlement offer (medical summary, expert causation excerpt, economic loss substantiation).
• Who will have final approval authority to accept settlement terms on behalf of the claimant pool?
• Indicate whether structured settlements using annuities are acceptable or if lump-sum only is required. Options: Annuities acceptable, Lump-sum only, Either

Settlement Administration and Distribution Support

• Specify which claims administration services are required (claims portal, validation, distribution accounting, notice mailing). Options: Claims portal, Validation, Distribution accounting, Notice mailing, Other
• Select the preferred distribution payment methods to claimants (ACH, wire transfer, check, third-party payment vendor). Options: ACH, Wire transfer, Check, Third-party vendor
• Identify tax and lien resolution services required (Medicare conditional payment resolution, lien negotiation, tax reporting). Options: Medicare CPM resolution, Lien negotiation, Tax reporting, Other
• Are you requiring an independent accounting audit of distributions and reserve calculations? Options: Yes, No
• What record retention period do you require for settlement administration files and audit trails? Options: 3 years, 5 years, 7 years, Permanent
• Share the minimum claimant documentation you will accept for distribution (final release, W-9, proof of identity).

• Non-Disclosure Agreement (NDA)
• Master Services Agreement (MSA)
• Statement of Work (SOW)
• Fee Sharing Agreement
• Co-Counsel Agreement
• Litigation Funding Commitment
• Confidentiality & Data Protection Addendum
• Steering Committee & Governance Charter
• Escrow & Trust Accounting Agreement
• Settlement Allocation & Distribution Protocol

• Closeout Health Check (weeks 1-4)
• First Measurement Review (weeks 4-10)
• Acceptance Gate: Distribution Readiness Decision (around day 90)
• Quarterly Outcomes and Appeals Review (ongoing)

• Archive closed case files to the long-term record store and confirm access permissions for audit purposes.
• Produce a documented acceptance decision referencing targets recorded in the Engagement Scope for each numeric criterion.
• If any criterion is conditional or failed, agree a remediation plan with named owners and fixed completion dates.
• Capture the named signatory and publish the acceptance record to the shared workspace within 24 hours.
• Publish the formal acceptance decision document with pass/fail status for each criterion and the signatory record.
• Create a remediation plan with owners and dates for any conditional or failed criteria and add it to the shared tracker.
• Notify escrow and distribution administrators of the acceptance decision and any milestone changes.
• Distribution ledger and outstanding exceptions
• Ensure percentage of total settlement funds distributed to eligible claimants is increasing according to the plan and identify remaining blockers.
• Maintain visibility on the number of active appeals or disputes and their likely impact on remaining distributions.
• Keep the shared record store and issue channel current, and document any agreed low-effort process improvements.
• Update the distribution ledger with resolved exceptions and circulate the updated cumulative distribution percentage.
• Assign owners and deadlines for each open appeal or dispute and add knock-on tasks to the remediation tracker.
• Confirm legal outcome and documentation
• All parties confirm the outcome documents are present in the shared record store and accessible.
• Named owners and target dates assigned for first-distribution readiness items.
• Monitoring plan for appeals is agreed and documented.
• Populate the shared record store with executed settlement/judgment documents and notify stakeholders.
• Publish the initial distribution timeline and escrow receipt confirmations to the shared channel.
• Create an appeals-monitoring calendar with named owners and escalation contacts.
• Present current distribution and release metrics
• Confirm whether percentage of settlement funds disbursed to eligible claimants and number of executed claimant releases are on track toward targets recorded in the Engagement Scope.
• Document root causes for any gaps and assign corrective actions with clear due dates.
• Confirm timeline to the Acceptance Gate meeting and the data package that will be required there.
• Deliver the distribution ledger and claimant release audit to the shared workspace ahead of the acceptance gate.
• Resolve named documentation gaps for the top 20% of pending claimants or escalate to the appeals-monitoring team.
• Publish a remediation tracker with owners and completion dates for acceptance criteria gaps.
• Restate acceptance criteria and required numeric targets
• Review initial distribution schedule and milestone anchors
• Present outcome data against each criterion
• Appeals and post-settlement disputes status
• Medical record and claimant documentation completeness
• Fee-share and allocation reconciliations
• Root-cause diagnosis for gaps
• Preservation and recordkeeping checklist
• Pass/fail determination per criterion
• Agree corrective actions and timeline to acceptance gate
• Formal acceptance decision and signatory capture
• Shared channel, enhancements, and recordkeeping hygiene
• Appeals and challenge monitoring plan
• Open issues and owners