Weekly Mass Torts Bulletin 2021-Dec-20
Service Member To Get $22.5M In 3M Earplug Lawsuit
A military service member has been awarded a $22.5 million settlement by a Florida federal jury in a 3M earplugs lawsuit that accused the company of manufacturing faulty earplugs that result in hearing loss.
As per the court documents, the plaintiff served in the Army from October 2006 to May 2014 when he used earplugs as he was exposed to a variety of noise from weapons, generators, mechanized vehicles, helicopters and airplanes. The noise exposure resulted in bilateral tinnitus and noise-induced hearing loss to the plaintiff due to defective earplugs.
As per the verdict, the jury found that 3M's earplugs were defective, which resulted in hearing damage to the plaintiff. The plaintiff used the earplugs while he was serving in the army. The service member is set to receive $7.5 million in compensatory damages and $15 million in punitive damages. It is one of the largest verdicts in 3M's earplugs' multidistrict litigation.
The attorneys for the plaintiff stated that it is the second time that the jury has found 3M guilty over the manufacturing of defective earplugs, which justifies severe punishment and penalties for the company. They will closely watch the ongoing two trials of 3M as it will be helpful in future litigations. The lawyers even added that 3M chose profits over the safety of those who served the nation.
Last month, another federal jury of Florida awarded $13 million to an Army sergeant, whereas a jury in Pensacola awarded the verdict in 3M's favor against the plaintiff who served in the Army and Army National Guard.
3M secured a win in the second and fifth trials whereas lost three suits, including a three-plaintiff trial of $7.1 million settlement in April, $1.7 million in June and $8.2 million in October.
Currently, more than 250,000 service members and other individuals are included in the MDL over CAEv2 earplugs made by 3M acquired Aearo Technologies LLC.
FDA Warns "Wellness" Vapes To Be Harmful
FDA has announced that some manufacturers of vaping products are making false claims that certain e-cigarettes are useful to fight off tumors or treat asthma, ADHD or dementia.
The announcement came on December 7, which alerted the public about vaping manufacturers claiming that wellness vapes are safe. The federal drug regulators even notified that the companies failed to adequately warn about the harmful risks of using vaping products, as the devices contain toxic ingredients that could result in adverse health effects.
Manufacturers of wellness vapes claim that these products provide mental clarity and can treat asthma or tumors. Other claims from manufacturers include that the products help to prevent anemia, treat ADHD, dementia, anxiety and depression and can even clear symptoms of chemotherapy.
The FDA warning issued that the products are deceptively advertised of providing health benefits which is not true. As per the agency, FDA has not approved any of the vaping products to prevent or treat health conditions or diseases.
The reports state that the usage of vape products could lead to cause airway tightening, coughing and difficulty in speaking and breathing. The products even contain impurities and toxic ingredients that may result in causing permanent damage, such as bronchiolitis obliterans.
FDA guidelines even notified that some e-cigarettes and vaping products contain harmful chemicals and carcinogens which include diethylene glycol found in antifreeze. These chemicals are harmful to human health and can be hidden on the product label under proprietary blends. The agency even warned that people with heart disease, diabetes and lung conditions are at a higher risk of serious complications due to the products.
The FDA regulators even warned that the products are unsafe for humans and would waste consumer money. It would even prevent a person from seeking appropriate treatment and diagnosis from a healthcare professional.
DOJ Asked For Its View On Californian Man's Roundup Lawsuit
The Supreme Court asked the Department of Justice to provide inputs about a lawsuit where a Californian man alleged Monsanto's Roundup herbicide caused cancer to him.
As per the lawsuit, Monsanto is seeking to appeal against a $25 million verdict awarded by the jury to the plaintiff over the allegations that the exposure to the company's Roundup herbicide caused in development of non-Hodgkin’s lymphoma for him. The Court of Appeals for the 9th Circuit noted in the ruling that the case could lead to thousands of federal cases as it is a bellwether.
The company appealed against the verdict after a federal appeals court in San Francisco declared a court verdict that claimed glyphosate-based herbicide Roundup is linked to causing cancer among the people exposed to it, and Monsanto failed to warn about the associated risks.
Monsanto has asked the justices to consider the inputs from the Environmental Protection Agency about its product’s safety before making a decision. The company even asked to exclude the testimony offered by an expert at the trial linking Roundup to cancer.
A spokesperson for Bayer notified that the U.S. expert agency, the Environmental Protection Agency, executed thorough studies that concluded glyphosate-based herbicides are safe for use and are not carcinogenic. The statement further added that the cancer warning is false and misleading, which would debrand the product.
The plaintiff has asked the court to reject Monsanto's appeal. The attorneys for the plaintiffs have not yet commented on the development of the trial.
The International Agency for Research on Cancer classified the Roundup weedkiller as a “probable human carcinogen” in 2015. On the other hand, Environmental Protection Agency informed that Roundup's active ingredient glyphosate might not sicken humans.
Bayer faces more than 120,00 Roundup lawsuits in the federal courts with allegations that the glyphosate-based weed killer causes cancer, and the company has withheld the risks associated with its glyphosate-based products for profits.
Even though Bayer has promised to discontinue the sale of its glyphosate-based products from retail stores by 2023 to prevent further litigations, the company is firm on its stand to back Roundup safety.
Oregon Is Close to Receive $26 Billion Opioid Settlement
Oregon town has been hit badly by the ongoing opioid epidemic in the United States which has resulted in drug overdoses, addiction, homelessness and wrecked families.
Oregon and thousands of other towns across the U.S. are about to receive billions of dollars from three drug distributors and a pharmaceutical manufacturer. It is the second biggest legal settlement in the nation's history which was announced in 2017 to address the opioid damages.
The deadline for the states, counties and cities to sign the agreement is within three weeks and most of the states are done with the process. But some of the states and counties are yet to sign the agreement due to disagreements between state and local governments officials.
The settlement money will be used to promote counseling and treatment to prevent opioid usage and addiction. The treatment programs would be conducted in jails, residences and other recovery facilities.
The staff of Provoking Hope, an opioid recovery center in McMinnville, Oregon, is promptly working to prevent the opioid crisis as even they are recovering from opioid addiction. The team at the center volunteer to provide efficient counseling sessions to the opioid addicts to recover from the drug addiction.
The office manager of Provoking Hope shared her experience as to how opioid affected her life when her physician prescribed her the drug for a painful spinal bone spur. She explained that she used to take 35 pills per day which exceeded the maximum dosage which eventually resulted in addiction.
Over the last two decades, the U.S. has reported more than 500,000 deaths because of opioids.
AmerisourceBergen, Cardinal Health and McKesson and drugmaker Johnson & Johnson have agreed to pay $26 billion to resolve state and local government opioid lawsuits across the nation. The defendants even notified that they might reduce or terminate the settlement if insufficient states and local jurisdictions participate in the agreement.
The agreement even states that the states, counties and cities that would receive the payout would not be eligible to sue the drugmakers in the future and should also drop the current lawsuits against them. Plaintiffs' attorneys provided data that shows at least 45 states along with 4,012 counties and cities have confirmed their participation in the agreement.
U.S. Judge Overturns Purdue Pharma's Ch.11 Confirmation
Purdue Pharma's Chapter 11 confirmation that would have shielded its owners, the members of the Sackler family from opioid litigations and penalties, has been overturned by a federal judge.
U.S. District Judge Colleen McMahon ruled in a 142-page opinion that the New York bankruptcy court did not have the right to approve the $4.5 billion bankruptcy settlement that would protect the Sacklers from future opioid litigations.
Purdue's chairman responded to the ruling by stating that the company would appeal the decision, and the court's judgment would not affect the operations of the company's stability and ability to produce safe and effective medications to the consumers.
The Sacklers had even insisted on guaranteed legal protections in exchange for a $4.5 billion settlement that it will pay to resolve widespread opioid litigation.
Attorney General Merrick Garland supported the ruling as he feels the bankruptcy court does not have the right to deprive the opioid victims of their rights of suing the company that caused the opioid crisis. Even the Washington State Attorney General Bob Ferguson also praised the decision, who had earlier opposed Purdue's reorganization.
Ferguson even stated that justice would be the same for both ordinary Americans and billionaires and added that he is ready to fight the suit in the Supreme court if necessary.
The drugmaker's reorganization plan has been supported by 95% of the creditors, whereas eight states, Washington, D.C., Seattle and more than 2,600 personal injury claimants have opposed the move.
In September 2019, Purdue filed for bankruptcy considering the 3,000 lawsuits it faced and the opioid crisis that claimed 500,000 lives since 1999. The lawsuits allege that the company downplayed the addiction and overdose risks of opioids and aggressively marketed it for making profits. The company and the family members have denied all the allegations against them.