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After spending the last few years under siege from Roundup lawsuits, Bayer AG announced in a recent quarterly earnings report that it has tentatively settled 98,000 Roundup lawsuits. While it continues to work on settling the remaining Roundup cases, Bayer is telling investors that future Roundup liabilities will depend on the outcome of the company’s appeal to the U.S. Supreme Court.

About the Roundup Lawsuits

If you are reading this post, you probably already know about the downfall of the popular weedkiller Roundup and the mass tort litigation that it spawned. This section is for those that are new to the Roundup saga.

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The 5th bellwether trial in the 3M earplugs litigation wrapped up yesterday and as we write the jury is in its second day of deliberations. A significant piece of evidence in the trial will be a confidential Air Force Memorandum that defense counsel for 3M desperately fought to exclude from evidence. Just before trial, Judge M. Casey Rogers blasted defense counsel for trying yet again to get keep the memo out.

The 5th Bellwether Case: Michelle Blum v. 3M

The trial that concluded on Thursday was the 5th “bellwether case” in the massive 3M combat arms earplugs litigation which is the largest consolidated mass tort in U.S. history. Over 200,000 plaintiffs have filed earplug lawsuits against 3M  claiming that the company’s earplugs were defective and failed to protect them from hearing damage.

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Thousands of women who developed mesothelioma or ovarian cancer after extended use of talcum powder products have filed talcum powder lawsuits against Johnson & Johnson alleging that it knew about the dangers of talc and failed to warn them.

Recently, a jury in Oakland, California awarded 35-year-old Christina Prudencio $26.5 million for pain and suffering, plus another $100,000 in punitive damages in her talcum powder lawsuit against Johnson & Johnson.

In this post, we will take a brief look at the story behind the talcum powder litigation and discuss the details of the case that resulted in this recent verdict.

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Clinical studies have conclusively shown that baby formula made from cow’s milk, such as Similac and Enfamil, is dangerous to premature infants because they significantly increase the risk of a dangerous infection called necrotizing enterocolitis (NEC). Over the last year, a growing number of product liability lawsuits have been filed against the manufacturers of Similac and Enfamil by parents of premature babies who developed NEC. These NEC formula lawsuits allege that the formula makers knew that their products were dangerous to preemies and deliberately failed to warn about the risk of NEC.

In this post, we will look at the current status of the infant formula NEC lawsuits against the manufacturers of Enfamil and Similac. We will look at where these NEC formula lawsuits are being filed, how many are currently pending, who the major players are on both sides (plaintiff and defendant), and other details.

Lawsuits Alleging Infant Formula Caused NEC in Premature Babies

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Several studies have found an association between cow’s milk-based infant formulas and necrotizing enterocolitis. As a result, plaintiffs have filed NEC infant formula lawsuits against Mead Johnson and Abbott Laboratories, the manufacturers of Enfamil and Similac, respectively. They allege that these formulas cause necrotizing enterocolitis.

This is what you need to know about infant formulas, necrotizing enterocolitis, the studies on the relationship between the two, and the recently filed baby formula lawsuits.

Infant formula types

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Over the last 5 years, the size and scale of mass torts in MDLs (Multidistrict Litigation) has unprecedented levels. With over 250,000 claims, the 3M Earplugs MDL is now the single largest consolidated mass tort ever. Meanwhile, the Zantac MDL has grown to include over 140,000 claims.

Each of these massive MDLs is being overseen and managed by a single federal judge. This monumental feat of judicial administration has been made possible through the application of innovative new technologies and new judicial procedures such as electronic claims registries and administrative dockets.

Claim Registries and Administrative Dockets in Large MDLs

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Yesterday, October 5, 2021, Bayer notched its very first courtroom victory in the Roundup litigation saga when a jury in Los Angeles County ruled that Roundup was “not a substantial factor” in causing a 10-year-old boy to develop Burkitt’s lymphoma. This is only the 4th Roundup case to be decided by a jury. The first 3 resulted in massive losses for Bayer.

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San Bernardino Justice Center

Aside from giving Bayer a much-needed moral victory, this verdict probably won’t have any impact on the future course of the Roundup lawsuits or settlement payouts. This case presented a highly unique fact pattern because it involved very limited and indirect exposure to Roundup for only a short period during the plaintiff’s childhood.

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Hundreds of CPAP users have filed suit against Philips after the company announced a sweeping safety recall covering over 10 million of its CPAP and BiPAP devices. These lawsuits allege that the first-generation DreamStation CPAP machines contained a sound abatement foam that degraded over time and exposed users to toxic chemicals. This post will provide a brief overview of the Philips CPAP recall and look at the specific allegation in some recent CPAP recall lawsuits.

Philips Recalls CPAP Machines

On June 14, 2021, Philips announced a massive safety recall of almost all of the company’s CPAP and BiPAP devices, including the popular DreamStation line of products. The recall impacted an estimated 10 million devices that are primarily used for the treatment of sleep apnea and similar conditions.

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This week the MDL Judge in the Paragard IUD lawsuits will consider a motion to dismiss filed by the manufacturers of the defective birth control device. The Paragard MDL has grown to include over 500 individual cases by plaintiffs alleging that their Paragard IUD fractured during removal resulting in severe pain and sometimes emergency surgery to remove the broken pieces inside their uterus.

About the Paragard Lawsuits

The Paragard is an intrauterine device (IUD) used for birth control. It is a small plastic device shaped like a Y with a copper coil around the center. The device is inserted at the base of the uterus where is provides continuous protection against pregnancy for up to 10 years. The Paragard was designed to be easily removed at the doctor’s office.

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Hundreds of CPAP machine lawsuits have been filed since medical device company Philips recalled millions of sleep apnea machines after discovering that they were causing users to inhale toxic foam particles. Thousand of additional CPAP recall lawsuits are expected to be filed against Philips and consolidated into a new class-action MDL. In this post, we will take a closer look at how much these Philips CPAP machine lawsuits might eventually be worth by comparing them to settlements in prior mass tort cases involving defective medical devices.

About the CPAP Machine Lawsuits

Back in June 2021, medical device giant Philips issued a sweeping safety recall notice for virtually all of its CPAP and BiPAP devices. The recall covered an estimated 10 million devices used on a nightly basis for the treatment of sleep apnea, including the popular DreamStation line of CPAP devices.