Weekly Mass Torts Bulletin 2021-Sept-06
Judge Orders To Fasten Up The 3M Trials
The U.S. district judge has indicated to fasten up the pace of trials and discovery proceedings in the 3M earplugs hearing loss litigation considering the backlog of 250,000 claims.
All the claims allege the manufacturer of providing defective combat arms earplugs to the military veterans, which resulted in permanent hearing loss, tinnitus and other ear damage to the users.
As per the plaintiffs, the defective design of the earplugs would not fit the ear properly and make it fall off easily. The earplugs had a reversible design that was supposed to provide selective hearing from one end and complete sound blockage when used in a reverse manner.
Earlier, the judge ordered to move about 1,358 cases into an MDL. But considering the vast number of claims, the orders could be revised, and 10,000 to 20,000 cases would be required to be moved at a time.
The first 3M trial, including three veterans military veterans, ended in a $7.1 million verdict in April 2021. 3M obtained a defense verdict in the second trial and in June the third bellwether trial ended in a $1.7 million verdict.
U.S. District Judge Casey Rodgers in the Northern District of Florida is overseeing all the 3M lawsuits in a centralized MDL for coordinated discovery and a common outcome.
Earlier, the U.S. District Judge agreed to consolidate three different claims of 3M Combat Arms earplug lawsuits into one trial, which will begin in January 2022 before a federal jury.
The current consolidated trial, set to begin in January 2022, is similar to the first bellwether trial of combat arms earplugs held in April 2021, where three military veterans were awarded $7.1 million. The company provided defective earplugs to the service members, which resulted in the court's ruling against it. The second trial was ruled in favor of 3M in May 2021, and the third trial resulted in a $1.7 million verdict against the manufacturer.
Each of the plaintiffs in the lawsuit claims 3M was aware of the defective design of the earplugs but still sold it to the U.S. government without fair guidelines about the usage of the products. The earplugs could not seal the ear canal effectively and fall out from the service members' ears.
These bellwether trials will prevent repetitive findings and discussions in the large number of 3M lawsuits that are about to go before the federal judge.
U.S. District Judge Casey Rodgers has already scheduled two bellwether trials that will go before separate juries in September and October 2021 before the current trial, including the three veterans.
Currently, 3M faces more than 230,000 product liability lawsuits with similar allegations that the earplugs were defective and resulted in hearing loss, tinnitus, and other ear problems to the U.S. service members. All the 3M lawsuits are consolidated before U.S. District Judge Casey Rodgers as a part of an MDL in the Northern District of Florida.
Earlier, the U.S. District Judge presiding over 3M Combat Arms earplugs litigation has penalized two attorneys representing the manufacturer for disregarding jury orders on presenting evidence at the trial.
Last week, a jury awarded $1.7 million in damages to the U.S. Army veteran who suffered hearing damage due to the defective earplugs. According to the jury's final judgment, 3M is responsible for $1.05 million damages from the total settlement amount.
The verdict is the second major loss for 3M. Earlier in April, three veterans were awarded $7.1 million in damages against 3M. Although the manufacturer was able to defend the verdict in the second trial that commenced in May, the company is required to yet prove the safety of its product in future trials.
Judge Rodgers issued a sanction order considering the most recent 3M trial as the attorneys violated court orders during the closing arguments. The order briefed that two of the attorneys should pay $10,000 and $2000 as a penalty.
Judge Rodgers stated that one of the penalized attorneys presented the statistics as facts during closing arguments which is not acceptable during court ruling. She even asked the attorney to rectify the situation, but the attorney ignored it completely.
Later in a conference, Judge Rodgers said that it was the first time in 19 years that she had to punish the attorneys for disregarding her orders.
U.S. District Judge Casey Rodgers is overlooking all the 3M lawsuits in the U.S. District Court for the Northern District of Florida where the litigation is centralized for coordinated discoveries and non-repetitive response of juries to certain evidence.
Currently, there are more than 230,000 product liability lawsuits against the manufacturer claiming that 3M Combat Arms earplugs are defective, and resulted in tinnitus, hearing loss and other ear problems to the U.S. service members.
J&J To Pay $26.5M In Talc Lawsuit
A California jury ordered Johnson & Johnson (J&J) to pay $26.5 million to a woman who claimed that she developed cancer from using the company's talcum powder that contains asbestos.
As per the court documents, the plaintiff of the latest trial was diagnosed with a deadly and rare form of cancer known as mesothelioma. The cancer is formed due to asbestos exposure. The attorney for the plaintiff alleged that J&J was aware of the asbestos particles present in their talc products, and still the company sold it in the market.
The jury even added $100,000 as punitive damages to the settlement as the company illicitly marketed the talc products, even after knowing that the products are unsafe and cause health problems.
A spokesperson for J&J stated that the jury's decision did not support the scientific evidence, so the company intends to appeal the verdict. The company claimed that its products are safe and asbestos-free. However, J&J has been held guilty for producing unsafe talc products in the past, which resulted in recalling 33,000 bottles in October 2019.
Currently, J&J faces more than 30,000 lawsuits against its baby powder products with similar allegations that the presence of asbestos in the product resulted in ovarian cancer and health problems.
Earlier, an Illinois jury granted a talcum trial verdict in favor of Johnson & Johnson by rejecting the allegations of the family members of the woman who died of ovarian cancer.
As per the court documents, the family members of the woman sought $50 million compensation by alleging that J&J's baby powder and Shower to Shower products are dangerous and resulted in ovarian cancer for the woman.
The 69-year-old woman died in September 2016, eighteen months after being diagnosed with ovarian cancer.
A spokesperson for J&J said in a statement that the verdict displayed careful consideration of the science and facts presented by the attorneys. He even added that the company deeply sympathizes with those who are suffering from cancer and seek answers for the same.
The plaintiff's attorney stated that there is strong evidence to conclude that genital talc leads to ovarian cancer, and the decision will not prevent them from seeking justice for several other women who are victims of the disease because of J&J's negligence and greed.
The verdict came in favor of J&J after a three-week trial in St. Clair County, Illinois.
Earlier, an executive of J&J failed to appear before the court as a witness for cross-examination in a talcum lawsuit. J&J recalled 33,000 bottles of talc-based powder in 2019, and in May 2020, discontinued its sale throughout the U.S.
J&J's talc products are one of the most popular cosmetic products throughout the country. For the past 25 years, over 12,00 women and their families have filed lawsuits against J&J alleging that the company's baby powder causes ovarian cancer.
Asbestos in talcum powder is the major cause of cancer as it is harmful to human health and can cause lifelong ailments. A study even concluded the direct linkage of talc powder to ovarian cancer.
The company is even set to settle $26 billion in the opioid MDL as ordered by the federal judge. The company will pay the settlement amount with three major pharmaceutical distributors, Cardinal, McKesson, and AmerisourceBergen.
Purdue Pharma Dissolves & Sacklers To Pay $4.5B
A federal judge has approved the bankruptcy plan from the Sackler family, which will dissolve the OxyContin maker Purdue Pharma and pay the settlement of $4.5 billion for the opioid crisis fueled by the company across the country.
The settlement plan will free the drugmaker from all the future opioid lawsuits. The company will be reorganized with new board members appointed by the public officials. The profits earned by the company will be used to prevent and treat opioid addiction among the masses in the country.
It's been three years since the company filed for bankruptcy due to the 3,000 lawsuits filed against it. The lawsuits were filed by states, local governments, Native American tribes, hospitals, unions and other entities with accusations that the company fraudulently marketed the drug to increase sales and profit.
The settlement would not affect the Sackler family's fortune, but the opioid crisis has damaged the reputation of the family. Many states and the U.S. bankruptcy trustee opposed the settlement and indicated that they would appeal against the decision.
This is not the first time that the company will pay such a penalty. Earlier, in 2007, the company was charged under misled regulators and addiction dangers of OxyContin when Purdue paid $600 million.
The opioid crisis has resulted in more than 500,000 deaths in the U.S. Last year, the data recorded 70,000 deaths due to opioids.