Weekly Mass Torts Bulletin 2021-Nov-22
Colorado Decides Distribution Of $400M Opioid Settlement
Colorado's 64 counties have agreed on the division of the $400 million in the opioid settlement amount awarded by the federal judge to fund addiction treatment, recovery and prevention programs.
The settlement amount includes $300 million from Johnson & Johnson, Amerisource Bergen, CardinalHealth, McKesson, $50 million from Purdue and the Sackler family, $25 million from Mallinckrodt and $10 million from McKinsey and Company.
20% of the amount will be allotted to the local governments considering the number of people suffering from opioid use disorder, number of opioid deaths and amount of opioids distribution in the county.
60% of the amount will go into the regional share as the state has been divided into 19 regions. The council of each region would decide on how to spend the money.
The state will receive 10% of the amount to combat the opioid epidemic across the state. An additional 10% of the amount will be used by the state to develop and improve the infrastructure required to decrease the opioid crisis.
Attorneys' fees will be covered from the local government's share and regional share at the rate of up to 8.7% and 4.35%, respectively. Any excess money other than the settlement will go to the local governments.
As per the reports, Colorado recorded 5,500 opioid overdose deaths over the last decade.
$13M For U.S. Army Sergeant In 3M Earplug Lawsuit
An $86.7 million settlement awarded to a Livermore couple diagnosed with cancer after years of exposure to Roundup weed killer has been put on hold as the California Supreme Court refused to hear Monsanto’s appeal.
The verdict was declared in May 2019, where both the plaintiffs were awarded $1 billion in punitive damages each in addition to the $55 million combined compensatory damages. The wife even testified that she would not have bought the herbicide if she had known earlier that the approval studies of the weed killer were fraudulent.
As per the jury's verdict about the lawsuit in 2019, Monsanto was found guilty for failing to warn the consumers about the risks associated with the weed killer. The lawsuit even claimed that the company used fraudulent methods to hide the fact that their weed killer caused cancer.
As per the court documents, both the plaintiffs were diagnosed with non-Hodgkin lymphoma because of the decades of Roundup use. The court documents highlighted that the husband was diagnosed with systemically diffused large B-Cell lymphoma in his bones in 2011, and his wife was diagnosed with an aggressive subset of lymphoma in her brain in 2015.
The plaintiffs' attorney stated that the 2019 verdict was based on facts and science. Thus the company should stop using the appeals process to avoid paying the settlement amount to the plaintiffs.
Environmental Protection Agency stated that Roundup's active ingredient glyphosate might not sicken humans, whereas the weed killer has been classified as a “probable human carcinogen” by the International Agency for Research on Cancer in 2015.
Bayer has even promised to discontinue the sale of glyphosate-based products from retail stores by 2023 to avoid future litigations, but still, the company continues to back its Roundup's safety.
CA Supreme Court Refused To Hear Monsanto’s Appeal
An $86.7 million settlement awarded to a Livermore couple diagnosed with cancer after years of exposure to Roundup weed killer has been put on hold as the California Supreme Court refused to hear Monsanto’s appeal.
The verdict was declared in May 2019, where both the plaintiffs were awarded $1 billion in punitive damages each in addition to the $55 million combined compensatory damages. The wife even testified that she would not have bought the herbicide if she had known earlier that the approval studies of the weed killer were fraudulent.
As per the jury's verdict about the lawsuit in 2019, Monsanto was found guilty for failing to warn the consumers about the risks associated with the weed killer. The lawsuit even claimed that the company used fraudulent methods to hide the fact that their weed killer caused cancer.
As per the court documents, both the plaintiffs were diagnosed with non-Hodgkin lymphoma because of the decades of Roundup use. The court documents highlighted that the husband was diagnosed with systemically diffused large B-Cell lymphoma in his bones in 2011, and his wife was diagnosed with an aggressive subset of lymphoma in her brain in 2015.
The plaintiffs' attorney stated that the 2019 verdict was based on facts and science. Thus the company should stop using the appeals process to avoid paying the settlement amount to the plaintiffs.
Environmental Protection Agency stated that Roundup's active ingredient glyphosate might not sicken humans, whereas the weed killer has been classified as a “probable human carcinogen” by the International Agency for Research on Cancer in 2015.
Bayer has even promised to discontinue the sale of glyphosate-based products from retail stores by 2023 to avoid future litigations, but still, the company continues to back its Roundup's safety.
Washington AG Seeks Over $38B From Opioid Distributors
An attorney general of Washington is seeking over $38 billion settlement against the opioid distributors for fueling the opioid epidemic that resulted in several deaths.
As per the court documents, the AG sued McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Corp. in 2019, and alleged that the companies shipped huge amounts of painkillers into the state which resulted in an opioid epidemic.
The AG is seeking a sufficient amount to undo the effects of the opioid epidemic in Washington state as the state reported 8,000 deaths from 2006 to 2017. The state even demands settlement to pay for treatment services, criminal justice costs, public education campaigns and other programs.
The AG rejected a half-billion-dollar settlement and has asked the court to hold the companies liable for the opioid epidemic, but it is a bad move from the AG, considering the earlier rulings such as the overturning of the $465 million judgment against drug manufacturer Johnson & Johnson.
All the lawsuits against the opioid distributors allege that the companies deliberately marketed the drugs in such a way that the doctors and professionals prescribe them on priority. The distributors used deceptive marketing strategies to boost sales and churn out huge profits.
Currently, the distributors, drug makers, distribution companies and pharmacies face 3,000 lawsuits from state and local governments. Washington's trial is the first case that will be faced by the drug companies.