What Happened In The MassTorts World Last Week? 2019-May-27

J&J Subsidiary Slammed With $80M Verdict

On Friday, May 17, a Philadelphia jury awarded $80 million in a pelvic mesh verdict to plaintiffs over alleged damages against Johnson & Johnson subsidiary Ethicon.

According to the plaintiffs’ attorney, a woman had the mesh implanted in 2008 to treat her organ prolapse, but the product gradually had worn away leaving her with significant infections, inflammation, and pain that required several revision surgeries. The Philadelphia Court of Common Pleas Judge Daniel Anders granted $80.025 million to the woman and her husband of Media, Pennsylvania, which also included $50 million in punitive damages.

Ethicon pelvic mesh lawsuits are consolidated as a part of multidistrict litigation (MDL No. 2327; In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation) before U.S. District Judge Joseph R. Goodwin in the Southern District of West Virginia.

Pa. Court Considers Risperdal Statute of Limitations Dispute

On Thursday, May 16, the Pennsylvania Supreme Court examined the level of public awareness regarding the dangers of Risperdal, which can put potential plaintiffs on notice to investigate their claims.

Two men filed a lawsuit in 2014 against the antipsychotic drug alleging Janssen Pharmaceuticals failed to warn the side effects of the drug. The following year, however, Philadelphia Common Pleas Court Judge Arnold New dismissed their lawsuits determining that the Risperdal statute of limitations had begun tolling in August 2009, based on the framework of newspaper articles, medical literature, and attorney advertisements available at that time. The Court’s final decision will decide the fate of thousands of similar claims currently pending in Philadelphia. If the state’s Supreme Court upholds the statute of limitations ruling, about 40% of those claims would be dismissed.

There are around 7,000 gynecomastia lawsuits pending in the Pennsylvania mass tort program. Two coordinated actions have been filed for Risperdal cases: one in Los Angeles Superior Court (Risperdal and Invega Product Liability Cases, JCCP 4775, presided by Honorable William Highberger) and the other in Philadelphia (In Re: Risperdal Litigation, March 2010 Term, Case No. 100300296).

3M Earplug Lawsuits Presentations To Be Held On May 20 & 21

According to a pretrial order issued in May 2019, all 3M earplugs lawyers will make presentations for various leadership roles in the litigation established for all federal 3M Combat Arms earplug lawsuits. The presentations will be made to the U.S. District Judge Casey Rodgers on May 20 & 21.

The presentation on all 3M Combat Arms earplug lawsuits would be for 5 to 10 minutes. Around 64 attorneys have been scheduled to make presentations during the hearings, and the order is based on the alphabetical order of the attorney’s last name. Responsibility allocation, collaboration with other team members of the leadership, encouraging meaningful participation by non-leadership counsel, and/or using their unique and specialized skills and experience to fairly, effectively, and efficiently represent the interests of all plaintiffs in the litigation should be discussed as a part of the presentation.

More than 640 injury lawsuits related to the defective earplugs are centralized as part of a multidistrict litigation (MDL No. 2885; In Re: 3M Combat Arms Earplug Litigation) presided by Judge M. Casey Rodgers in the Northern District of Florida against Minnesota-based 3M.

Conn. Bellwether Trial Verdict: Plaintiff Awarded $542K

On Friday, May 17, a Connecticut jury awarded $542K over the alleged bleeding risk caused by blood thinner Pradaxa.

According to the trial, the lawsuit was filed in May 2016 alleging that the plaintiff had a 40-year history of gastroesophageal reflux disease, a condition that increases the chance of internal bleeding from Pradaxa but was still prescribed the drug without knowing the danger. The jury granted $42,464 in economic damages and $500,000 in noneconomic damages. The punitive damages against the pharmaceutical company will be decided by Connecticut Superior Court Judge Carl Schuman and could be up to $1.095 million.

There are more than 3,100 Pradaxa cases pending across the nation, including roughly 3,000 in the consolidated proceeding in Connecticut. The U.S. FDA approved drug has been reported to cause serious injuries and gastrointestinal bleeding, heart attack, stroke, brain hemorrhage, kidney bleeding, and death. In December 2017, Judge Herndon, who overlooked Pradaxa class action lawsuits, recommended a shutdown of the multidistrict litigation (MDL No. 2385) after dismissing the pending cases in the docket.

J&J Talc Verdicts: Wins In SC, Loses In NY

Johnson & Johnson faced different verdicts on a similar talcum lawsuit trial in NY and SC, on May 21, 2019.

J&J is facing allegations that its talcum powder causes mesothelioma and ovarian cancer. A New York jury granted $25 million in compensatory damages to a plaintiff claiming the company was responsible for her mesothelioma. The punitive damages against the company are yet to be decided by the jurors. Also, in a similar trial taking place in South Carolina, the jury concluded that J&J wasn’t responsible for the woman’s mesothelioma that she blamed on asbestos found in the company’s baby powder.

J&J has reportedly won six defense verdicts and has settled four cases. Also, some of the plaintiffs’ verdicts have been overturned, whereas others are still on appeal.

J&J is facing nearly 14,000 talcum powder lawsuits, each raising a common allegation 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. overlooks 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.

Recitals Of Monsanto's Roundup MDL Lawsuits

Bayer is facing a rise in the number of Roundup lawsuits following a series of court losses. One of the latest allegations was filed on Monday, in Kansas federal court, by Perry L. Walters and his wife Laura against Bayer’s Monsanto.

According to a pretrial order issued on May 21, U.S. District Judge Vince Chhabria proposed a plan for returning cases back to their home districts for trial, specifying that the parties should be prepared to discuss the process during a case management conference on May 22. He also indicated that he would decide all case-specific summary judgment and Daubert motions that have previously not addressed, so that all the different U.S. District Courts nationwide will only be left with resolving other pretrial motions, including a motion in limine to bifurcate any other challenge to the admissibility of evidence.

Meanwhile, on May 22, a California federal judge appointed former Sept. 11th Victim Compensation Fund special master Kenneth Feinberg to help mediate a deal in multidistrict litigation involving Monsanto's Roundup. Feinberg recently helped Fiat Chrysler Automobiles NV, auto parts maker Robert Bosch GmbH and consumers with a $307 million settlement, along with an additional $66 million for plaintiffs' attorneys.

Around 13,400 lawsuits are pending in the federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California which is overlooked by U.S. District Judge Vince Chhabria.

FDA's Public Assurance Following Valsartan Recalls

According to FDA Associate Commissioner for Regulatory Affairs, Melinda K. Plaisier, generic drugs are safe and effective to use and undergo rigorous standards and regulatory inspections to ensure the safety and quality of all generic drugs. FDA is attempting to reassure the public about the safety of generic drugs, particularly those made in foreign countries, following the valsartan recall issue.

The call came after concerns were raised by a former FDA inspector, Massoud Motamed, who stated that he had warned about problems with valsartan manufacturing facilities in China and India at least a year before the recall began, but federal regulators ignored him.

There are currently 10 class action lawsuits and one individual action 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.

Lawsuits Allege Gadolinium For Its Health Risks

Magnevist (gadopentetate dimeglumine) is one of the eight gadolinium-based MRI contrast dye agents approved by the U.S. Food & Drug Administration (FDA), to enhance MRI scan results. It has been linked to reports of a painful and debilitating condition known as Gadolinium Deposition Disease.

According to a recent lawsuit filed in the U.S. District Court for the Northern District of California on May 13, a plaintiff alleged exposure to Magnevist during an MRI exam caused brain fog, joint pain, and skin problems which are the symptoms of Gadolinium Deposition Disease (GDD). Further allegations faced by defendants Bayer Corporation and McKesson Corporation include failure to warn, negligence, design defect, misrepresentation, breach of warranty, negligent misrepresentation, fraudulent misrepresentation, and consumer protection violations.

The lawsuits against MRI gadolinium are increasing in numbers in recent months, each raising similar allegations over its side effects. Gadolinium related lawsuits are centralized under MDL No. 1909; In Re: Gadolinium Contrast Dyes Products Liability Litigation.

J&J And Teva Vs Oklahoma State Opioid Trial To Begin

A trial will begin on May 28, Tuesday, between Oklahoma State Vs Johnson & Johnson and Teva Pharmaceutical Industries over alleged link to opioid epidemic. A $17 billion lawsuit filed by the Oklahoma Attorney General Mike Hunter will be the first to go to trial of more than 2,000 lawsuits filed by state and local governments.

The trial will be held in front of Cleveland County District Judge Thad Balkman and is expected to last for eight weeks. The opioid epidemic has been linked to a record 47,600 overdose deaths in 2017, according to the U.S. Centers for Disease Control and Prevention. The state also claims the manufacturers deceptively marketed opioids, whereas the defendants denied any wrongdoing, claiming the state lacks proper evidence.

Similar claims against OxyContin maker Purdue Pharma LP have been resolved by the state in March for $270 million. More than 1,600 cases over the opioid crisis are filed largely by local governments, Native American tribes, and hospitals. The first trial in the MDL No. 2804 is set to start in October 2019.