The sanctions recommended Dec. 4 against plaintiffs firm Hagens Berman Sobol Shapiro over its pursuit of three thalidomide cases has plaintiffs lawyers pointing out the difficulty in immediately assessing the viability of products liability mass tort cases and defense lawyers warning plaintiffs counsel to be honest with themselves.

The special discovery master appointed to weigh in on issues in what was once 52 thalidomide cases filed in the Eastern District of Pennsylvania said Hagens Berman engaged in “bad-faith advocacy” for three of the claims it ultimately withdrew after in-depth discovery.

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