THE DALKON-SHIELD CLAIMANTS TRUST - PARADIGM LOST (OR FOUND)

In this Essay, Dean Vairo discusses the policies and procedures governing the Dalkon Shield Claimants Trust. After raising questions about the Trust's experience in a theoretical and jurisprudential context, Dean Vairo describes the historical development of the Trust, and provides a preliminary assessment of the Trust's performance. Dean Vairo addresses various criticisms of the Trust and calls for a reasoned analysis of the Trust's policies in light of the theoretical questions raised in this Essay to determine whether the Trust should be considered as a model for resolving other mass tort cases.