Weekly Mass Torts Bulletin 2025-March-31

3M Moves to Dismiss 100+ Bair Hugger Infection Lawsuits

Nearly a decade after litigation first began, 3M Company continues to face thousands of lawsuits over its Bair Hugger warming blankets, which have been linked to serious and sometimes fatal surgical site infections. 
The company is attempting to reduce the number of pending cases but still faces significant legal challenges.

Bair Hugger and Allegations of Surgical Infections

The Bair Hugger warming blanket is designed for use in operating rooms to regulate body temperature during orthopedic joint replacement surgeries. It works by forcing warm air into a blanket placed over the patient. However, nearly 8,000 lawsuits claim that the device has a defective design that disrupts laminar airflow in operating rooms, stirring up floor contaminants and directing them into sterile surgical sites. This, plaintiffs argue, has led to deep joint infections requiring additional surgeries, including joint removal and replacement.

Legal Battles and Supreme Court Ruling

Litigation against 3M began in 2015. In 2019, after years of legal proceedings, a U.S. District Judge dismissed the lawsuits after rejecting the plaintiffs’ expert witness testimony. However, an appeals court later overturned that decision, and in 2022, the U.S. Supreme Court reinstated the litigation, sending the cases back to the District of Minnesota for trial.

3M Seeks Dismissal of Over 100 Cases

On March 3, attorneys for 3M and its subsidiary, Arizant, filed a motion requesting the dismissal of 103 plaintiffs. The company claims these individuals failed to provide proper documentation proving that a Bair Hugger warming blanket was used during their surgery. Plaintiffs were previously required to identify the device used by submitting medical records through the Bates numbering system, which assigns unique codes to medical documents for tracking purposes.

Potential Consequences of Dismissal

3M’s motion asks plaintiffs to update their Plaintiff Fact Sheet with the necessary information or face dismissal with prejudice, meaning they would be permanently barred from refiling their claims, even if they later found the required documentation.

Future of the Litigation

Even if the dismissal request is granted, 3M would still face more than 7,800 active lawsuits. If no settlement is reached, the presiding judge must decide whether to proceed with bellwether trials or remand the cases to their original courts for individual trials, as requested by the plaintiffs.

Bayer May Issue New Stock to Fund Roundup Settlements

Bayer has announced plans to issue new shares to finance legal settlements and ongoing litigation costs related to Roundup.
The company is also contemplating withdrawing its glyphosate-based weedkiller from the U.S. market in an effort to stem the continuous wave of lawsuits.

Roundup’s Controversial History

Roundup has been widely used in agriculture and residential settings for decades, with glyphosate as its primary active ingredient. While marketed as safe for humans, recent research has linked glyphosate exposure to an increased risk of non-Hodgkin’s lymphoma and other health issues.

Legal Battles Over Cancer Risks

Bayer and its Monsanto subsidiary have faced over 120,000 Roundup lawsuits, with plaintiffs alleging that exposure to the herbicide caused non-Hodgkin’s lymphoma. The litigation began in 2015 when the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as a probable carcinogen.

Massive Legal Costs and Reformulation Efforts

To address legal challenges, Bayer has already spent over $10 billion on Roundup settlements. In 2021, the company announced it would reformulate the weedkiller by removing glyphosate from consumer products. However, many lawsuits remain unresolved, and new claims continue to emerge as former users are diagnosed with cancer.

Bayer Seeks Shareholder Approval for New Stock Issuance

Last week, Bayer revealed plans to seek shareholder approval to issue new shares, representing nearly 35% of its outstanding stock. The company aims to raise funds over the next three years to cover settlement payouts and legal expenses. Following the announcement, Bayer’s stock value dropped by approximately 10%, according to market analysts.

Possible Exit from the U.S. Market

Bayer officials have informed U.S. lawmakers that the company may pull Roundup from the U.S. market if it does not receive legal protections from ongoing lawsuits. The company has made multiple legal attempts to dismiss claims, arguing that federal preemption laws should exempt it from liability. However, courts have consistently rejected this argument, allowing lawsuits to proceed.

Recent Legal Setbacks for Bayer

Bayer’s preemption argument was most recently dismissed by the Missouri Court of Appeals for the Eastern District. The court upheld a $1.25 million verdict awarded to a plaintiff in October 2023. This ruling adds to a series of legal defeats for Bayer as it struggles to curb litigation.

Financial Impact and Future Outlook

Bayer’s announcements followed the release of its fourth-quarter financial report for 2024. The company disclosed that Roundup generated $2.8 billion in U.S. revenue last year. However, with mounting legal costs and increasing pressure from regulators and plaintiffs, Bayer is now considering abandoning the U.S. market entirely if it cannot secure legal protections.

Juul Settles $79M Lawsuit Over Youth Marketing

A 2023 lawsuit filed against Juul Labs in Florida has concluded with a $79 million settlement, according to the state’s Attorney General (AG).
The lawsuit accused Juul of marketing its e-cigarettes to minors and misleading consumers about the nicotine content in its products.

Settlement Funds to Support Investigations

The AG announced that Florida will use the settlement funds to investigate other vape companies whose marketing strategies may attract minors. Speaking at a press conference in Tampa, the AG expressed satisfaction with the outcome. “We’re happy with this settlement. I recognize Juul for working well with our office,” he said. The AG noted that while the case began with both parties on opposing sides, they are now working together to protect families and children.

Juul’s Changes in Marketing Practices

Juul Labs has made significant changes to its advertising strategies in response to ongoing scrutiny. The company has stopped using models younger than 35 in its promotions, discontinued ad placements in television shows and movies, and halted the sale of branded apparel.

Origins of the Lawsuit

The lawsuit was originally filed in Hillsborough County Circuit Court by a former Attorney General appointed by the governor. The current AG, who took office on February 17, has continued efforts to regulate vaping products and prevent youth exposure.

Concerns Over Chinese Vape Imports

The AG also raised concerns about a growing influx of vape products from China, suggesting they may contain harmful chemicals and pathogens. “You’ve got a lot of product coming in from China right now,” he warned. “We don’t know what’s in a lot of these things, but it’s hurting our kids. We need to make sure we’re protecting them.”

Underage Vaping and the Role of Chinese Products

According to the 2024 Annual National Youth Tobacco Survey conducted by the U.S. Food and Drug Administration, Chinese-made vape products are the most popular among the 1.63 million middle and high school students who reported regular vaping.

Juul’s Commitment to Prevent Underage Use

Juul’s chief legal officer reiterated the company’s commitment to preventing underage vaping. In a statement to Florida Phoenix, he emphasized Juul’s dedication to working with Florida officials to remove illegal Chinese vape products from the market. He also highlighted the need for a regulated marketplace offering high-quality, science-backed, smoke-free alternatives for the nearly two million adult smokers in Florida.