At the MTMP session “Being Prepared for Settlement,” Madeline Pendley, a mass tort attorney with Levin Papantonio, delivered a strategic and candid breakdown of how firms can better manage clients, data, and expectations throughout the settlement process. 

“You’re not going to be able to anticipate everything in a settlement,” she cautioned, but early preparation is still important.

Clear Communication

That preparation starts with clear, consistent client communication. Most plaintiffs have never been involved in any kind of civil action, let alone a complex MDL, so Pendley advises firms to explain legal concepts early to avoid frustration down the road.

“Be clear about what you DON’T know,” she said. “Clients are perceptive, so don’t make things up. Don’t overpromise.” Furthermore, ensuring that a firm’s messaging is aligned across departments is critical to maintaining client trust and avoiding unnecessary complications.

Careful Vetting

Pendley also emphasized the operational side of settlement readiness.

From her experience managing large inventories—like the 5,000 Zantac cases she personally filed within 90 days after the Daubert dismissal—she knows the value of accurate vetting and detailed reporting.

“My biggest piece of advice: weed the problematic people out before settlement,” she said, referencing the dangers of losing contact with clients and missing key deadlines.

Comprehensive Reporting

Pendley discussed creating multi-level reporting systems to monitor client status, identify missing information, and flag urgent cases like terminal illnesses that may not survive to see resolution. 

Technology is a crucial tool in this effort. Pendley’s team uses FileVine for case management, allowing them to track case statuses, manage medical records, send mass updates, and export clean data for settlement program portals.

She also touched on artificial intelligence, explaining that while tools like Pattern AI helped process massive sets of CPAP records, “You do need that human touch as well.”

Pendley’s message was clear: Effective settlement preparation is not just about legal strategy—it’s about communication, technology, staffing, and knowing how to turn downtime into opportunities for case development.