What Happened In The MassTorts World Last Week? 2019-Jul-01
Stay Lifted Over Lawsuits On 3M Earplugs
The U.S District Judge recently lifted a stay for the discovery of 3M Combat Arms earplugs lawsuits and has allowed parties to start preparing claims for trial dates.
In April 2019, the pending cases were transferred to Judge Casey Rodgers by US judicial panel on multidistrict litigation (JMPL), a stay was placed on the discovery while the pretrial proceedings were organized in the MDL. It included appointing a group of earplugs attorneys to serve in various leadership roles and establishing protocols for the exchange of information about the cases.
Following a case management conference on June 20, Judge Rodgers issued a pretrial order, adopting a discovery plan for the first phase of litigation and allowed parties to commence generic discovery into the common issues that applied to all claims. The defendants were ordered to complete early document exchange by June 27, 2019, with the deadline to complete document production set for September 30, 2019. The parties are directed to file a status report by October 31, 2019, including the proposals for any dispositive motion and any case-specific discovery.
U.S. District Judge M. Casey Rodgers is presiding over more than 640 injury lawsuits filed under MDL No. 2885 (In Re: 3M Combat Arms Earplug Litigation) in the Northern District of Florida against Minnesota-based 3M.
Ovarian Cancer Lawsuit Against J&J's Talcum Powder
A New Jersey woman filed a product liability lawsuit against Johnson & Johnson (J&J) in the U.S. District Court for the District of Columbia on June 10, alleging that the talcum powder caused her ovarian cancer, after years of applying the product for feminine hygiene.
According to the court documents, the plaintiff used J&J’s Baby Powder and Shower-to-Shower powder products from July 1965 until June 2016, following which she developed ovarian cancer. The case joins other J&J’s Baby Powder lawsuits and Shower-to-Shower lawsuits pending in courts nationwide, which make similar allegations that the defendants have known for decades about the potential link between talcum powder and ovarian cancer, yet failed to warn consumers. In a similar trial held earlier this month, a jury awarded $325 million to a plaintiff diagnosed with mesothelioma caused by talcum powder. Also, last year a Missouri jury returned a landmark $4.7 billion verdict for 22 women diagnosed with ovarian cancer.
Nearly 12,000 J&J Baby Powder lawsuits and Shower-to-Shower lawsuits are pending in courts nationwide, claiming that asbestos exposure from the company’s talc-based products causes ovarian cancer or mesothelioma. Hon. Freda L. Wolfson, U.S.D.J./ Hon. Lois H. Goodman, U.S.M.J., overlook J&J's talcum powder multidistrict litigation (MDL No. 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation) in the District of New Jersey.
Lawsuit Claims Zostavax Vaccine Causes Shingles
A California woman filed a lawsuit in the U.S. District Court for the Eastern District of Pennsylvania on June 14, against Merck & Co., alleging that it sold an unreasonably dangerous and ineffective shingles vaccine.
According to the complaint filed, the Zostavax shingles vaccine caused the woman to develop a painful, itchy, and blistering rash, as well as other dermatological issues, leading to the very condition it was designed to prevent. The lawsuit also claims the symptoms have resulted in physical limitations not present prior to using the vaccine. Zostavax introduced in 2006 is used for the prevention of shingles among older adults. It has been now replaced by the newer Shingrix vaccine. According to a study published in November 2018 in the BMJ, Shingrix is 85% more effective at preventing shingles than Zostavax.
Merck & Co. faces nearly 600 product liability claims, each raising similar allegations that the drugmaker failed to warn about the problems associated with the vaccine. Zostavax litigation is centralized before U.S. District Judge Harvey Bartle III in the Eastern District of Pennsylvania under MDL No. 2848.
Ethicon Physiomesh Lawsuits To Face Trial In April 2020
The U.S District judge presiding in the Northern District of Georgia indicated that all federal Ethicon Physiomesh lawsuits will face their first bellwether trial involving the recalled hernia mesh in April 2020.
As part of the bellwether process designed, it will help parties to gauge how jurors will respond to certain evidence and testimony, which is likely to be repeated throughout thousands of claims brought by the individuals.
Ethicon physiomesh is a multi-layered, flexible composite hernia mesh product introduced by J&J’s Ethicon subsidiary in 2010. Currently, there are more than 2,000 product liability lawsuits over Ethicon Physiomesh pending in the federal court system, each raising similar allegations that the drugmaker sold a defective and dangerous product which caused plaintiff with severe abdominal pain, infection, hernia recurrence, adhesions, perforations, erosion and other injuries associated with a hernia mesh failure.
The federal cases are centralized for pretrial proceedings before US District Judge Richard Story in the Northern District of Georgia as part of MDL. (MDL no. 2782), to avoid duplicative discovery, conflicting rulings from different courts and to serve the convenience of parties.
Teva Vs Oklahoma State: Judge Approves $85M Settlement
The Oklahoma state judge approved the $85 million deal between Teva Pharmaceuticals and the state of Oklahoma, over the company’s alleged role in the opioid epidemic.
According to a consent order issued on Monday, Cleveland County Judge Thad Balkman’s approval came after two weeks following a compilation to a new law governing how state-involved settlements will be paid. As per the settlement, the company cannot use speakers, leaders, or events to promote the drugs, and any direct or indirect financial support for any brochures, newsletters, books, or guides for marketing the drugs. The drugmaker has also agreed not to employ or contract with sales representatives to sell the drugs.
The settlement was announced in late May, just two days before the trial was set to begin. Purdue Pharma agreed to pay $270 million to Oklahoma in March. As of these settlements, Johnson & Johnson and its subsidiary Janssen Pharmaceuticals Inc. are the only remaining defendants in the Oklahoma case.
U.S. District Judge Dan Polster is presiding over more than 1,900 lawsuits filed under MDL No. 2804 (In Re: National Prescription Opiate Litigation) by U.S. cities and counties, each seeking damages for costs associated with addiction and abuse.
Purdue Pharma Faces New York Lawsuit On Opioid Epidemic
The owners of Purdue Pharma LP faces New York lawsuit claiming that they triggered the U.S. opioid epidemic. The state judge denied the defendant's request to dismiss the lawsuit filed by several counties in New York.
According to the New York Government attorney, the ruling in Suffolk County is the first by any court denying a motion by the Sacklers to throw out a suit by a state or county and allowing for pretrial fact-finding to proceed against the individual defendants.
Sackler family was targeted by state and local governments for the marketing of Oxycontin painkiller, to recover the social costs of opioid addiction, such as payments for opioid prescriptions and Medicaid benefits that wouldn’t have been approved if the risks had been known.
There are 2,000 suits against opioid makers consolidated in the federal court of Ohio and other cases are pending in state courts. In March, New York Attorney General Letitia James sued Sacklers over the addiction epidemic two days after Purdue agreed to pay $270 million to settle similar claims by Oklahoma.
Case Management Conference To Review Valsartan Recall Claims
The U.S. District Judge presiding over Valsartan litigation has scheduled a meeting on June 26, with lawyers involved in federal Valsartan recall lawsuits. During this meeting, parties are expected to discuss procedures designed to advance claims brought by individuals nationwide who received versions of the blood pressure drug that were contaminated with cancer-causing chemicals.
Currently, there are five dozen product liability lawsuits pending in the federal court system against various generic drug manufacturers, each raising similar claims that generic valsartan pills were distributed for years with cancer-causing impurities, including NDMA and NDEA, which appear to be a by-product of the drug manufacturing process.
On June 24, defendants and plaintiffs filed statement outlining the proposed agenda items of the upcoming conference. According to plaintiffs’ statement, it indicated that the proposed plaintiffs’ fact sheet form submitted by defendants would be overly burdensome, and the issue is expected to be a significant part of this conference. The defendants’ statement indicated that they hope to iron out disagreements and finalize the standardized fact sheets before the July 24 conference, which will help facilitate the exchange of information about each of the valsartan recall claims.
Austria To Ban Roundup Ingredient Glyphosate This Year
Austria heads towards the ban of Monsanto’s Roundup and other glyphosate weed killers, as the growing concerns that exposure to the popular herbicide might be linked to cancer.
The far-right Freedom Party (FPO) backed the center-left Social Democrats on the drive to end usage of the controversial weedkiller. FPO’s new party leader Norbert Hofer, stated that there are enough studies to adequately demonstrate the risk that glyphosate poses. The ban on glyphosate was initially supported by Austria’s center-left Social Democrat party. The rare center-left and far-right alliance virtually ensure that legislation imposing glyphosate ban will make it through Austria’s parliament. Many expect lawmakers to vote on the final measure in early July.
Bayer AG, which acquired Monsanto last year faces more than 13,000 Roundup lawsuits filed in courts throughout the United States. Mostly landscapers, ground keepers, agricultural workers, and avid home gardeners claimed glyphosate caused their cancer. Bayer AG, which acquired Monsanto last year has yet to win a single verdict.
Bard Hernia Mesh Lawsuits Face Pathology Protocol
According to the case management order dated June 14, on hernia mesh involving C.R. Bard Inc.’s polypropylene implants, the U.S. District Court of the Southern District of Ohio has established protocols governing the examination and division of pathology specimens submitted for bellwether trial pool cases. The protocol was intended to ensure that any specimens not previously tested are preserved in a manner that parties can have equal access to the materials.
More than 2,400 hernia mesh lawsuits continue to move forward in the U.S. District Court, Southern District of Ohio, where all federally-filed injury claims involving C.R. Bard Inc.’s polypropylene implants have been centralized for coordinated pretrial proceedings. The lawsuits involve all the plaintiffs who suffered from hernia recurrence and other debilitating complications due to the allegedly defective nature of the defendants’ polypropylene mesh implants.
The court will announce the final three bellwether trial selections in February. Currently, each claim is undergoing case-specific discovery in preparation for three early trials set to begin in May 2020.
3M Earplugs Lawsuit: Nearly 1,000 Filed in MDL
According to a latest court docket report dated June 19, there are nearly 1,000 product liability lawsuits filed over hearing loss from 3M earplugs.
The complaints raise similar allegations, claiming that 3M company knew that the U.S. military dual-ended earplugs were defective and failed to provide adequate hearing protection. It was a standard military issue for all service members who served between 2003 and 2015. The lawsuits are expected to rise in numbers due to the increasing reports of hearing loss, tinnitus and other hearing damage following the usage of earplugs.
A “Science Day” has been scheduled for late August by the presiding judge, as part of the coordinated pretrial proceedings. Parties will make non-adversarial presentations to educate the court about the link between 3M earplugs and hearing loss on the science day. 3M reached a $9.1 million settlement with the Department of Justice, resolving claims that it defrauded the government by knowingly selling defective earplugs in July 2018.
U.S. District Judge M. Casey Rodgers is presiding over all injury lawsuits filed under MDL No. 2885 (In Re: 3M Combat Arms Earplug Litigation) in the Northern District of Florida against Minnesota-based 3M.
Bayer Supervisory Board To Take Action On Roundup Claims
Bayer issued a press release on June 26, announcing that it is rethinking its strategy over Roundup lawsuits and has hired legal help to guide the company’s management of the cases.
According to the press release issued, Bayer’s supervisory board established a new committee to “intensely monitor” the Roundup litigation. The committee is composed of shareholders, employee representatives, and supervisory board members. The board has also retained attorney John H. Beisner to advise on handling the mass tort litigation and the mediation process, which according to a federal judge would help avoid the need for thousands of individual cases.
Bayer still continues to maintain that glyphosate is safe, following the pressure mounting on the company to reach settlements for Roundup claims and investors pushing the company to identify alternative weedkillers. Bayer suffered three high-profile losses, a $78 million verdict last summer, an $80 million verdict earlier this year, and a landmark $2 billion verdict last month, to individuals diagnosed with cancer following Roundup exposure.
Bayer and its Monsanto subsidiary, which was acquired one year ago, now face more than 15,000 Roundup lawsuits. U.S. District Judge Vince Chhabria is presiding over all the federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California.
Lawsuit Claims Zostavax Led To Shingles And Other Injuries
A woman and her husband filed a lawsuit in the U.S. District Court for the Eastern District of Pennsylvania on June 21, against Merck & co., indicating that she developed a number of serious health problems due to the side effects of shingles vaccine including the shingles injury, the vaccine was designed to prevent.
According to the plaintiff, the defendant sold a dangerous vaccine injection for the prevention of shingles, which contained a version of the live virus that was not sufficiently weakened to prevent reactivation of the dormant virus in older adults. The lawsuit indicated that the plaintiff received a Zostavax injection for the prevention of shingles in December 2016. After receiving the vaccine, she developed sharp tingling, burning pain on her left shoulder and was diagnosed with shingles, vertigo, and postherpetic polyneuropathy.
Hundreds of similar Zostavax lawsuits are filed by individuals nationwide. Zostavax is replaced by a new Shingrix vaccine, which does not involve the use of live virus and is widely viewed as a safer product.
Zostavax litigation is centralized before U.S. District Judge Harvey Bartle III in the Eastern District of Pennsylvania under MDL No. 2848.
Valsartan Recalls Followed By Losartan Over NMBA Presence
Macleods Pharmaceutical Limited initiated a voluntary recall over Losartan Potassium and Losartan Potassium/Hydrochlorothiazide combination due to the excessive presence of N-Nitroso-N methyl-4-aminobutyric acid (NMBA).
The first Valsartan recall was announced a year ago due to the presence of similar contaminants. Following the recall, generic drug makers continue to remove various contaminated blood pressure medications from the market. The level of NMBA detected in these tablets exceeded FDA’s much less stringent interim acceptable exposure limit of 9.82 parts per million. The exposure limit was lessened due to the resulting hypertension drug shortage. The latest announcement made on June 25, has affected 32 lots in total.
Hundreds of product liability lawsuits have been filed due to side effects of recalled valsartan, losartan, and other blood pressure drugs, by individuals diagnosed with cancer. A growing number of lawsuits are pending in District Courts across the U.S. against Valsartan. Valsartan claims are consolidated under MDL No. 2875 (In re Valsartan Products Liability Litigation) in the United States District Court, District of New Jersey, presided by Judge Robert B. Kugler, U.S.D.J and Hon. Joel Schneider, U.S.M.J.