Weekly Mass Torts Bulletin 2021-Sept-20
C.R. Bard Wins First Bellwether Hernia Mesh Trial
C.R. Bard has been awarded the first win in the Ventralight ST hernia mesh of Ohio, where the plaintiff accused that the company's product was defective and resulted in multiple injuries to him.
In 2015, the plaintiff got implanted the mesh to treat hernia, but soon he suffered pain and emotional distress due to the defective mesh products as per the allegations. Later, the plaintiff was required to undergo additional surgery to get the mesh removed, which was physically and mentally stressful for him.
As per the lawsuit, the plaintiff alleged that "ST" coating designed to "resorb" did not last for long as advertised by the company, which resulted in serious injuries. The lawsuit alleged the company of failing to inform the consumers about the design defects and risks associated with the products.
It is the first trial consolidated in the MDL formed in Ohio court in August 2018 against the company. On September 2, the court rejected the C.R. Bard’s pre-verdict motion, considering the evidence provided by the plaintiffs that highlight the dangers of the product to the patients.
U.S. District Judge Edmund A. Sargus, Jr. is overseeing all the product liability claims in the MDL formed in the Southern District of Ohio, where the company faces more than 8,000 lawsuits.
FDA Delays Decision Over Juul's Vaping Products
The officials of the Food & Drug Administration (FDA) of the United States delayed the decision of Juul vaping products that would decide the fate of the product in the U.S. market.
FDA banned thousands of electronic cigarettes and related products to prevent underage smoking, but the agency did not rule on Juul, which is the most popular brand among adults and teens. The agency has been repeatedly pressurized by parents, politicians and anti-tobacco advocates to ban the Juul vaping products, but the officials stated they need sufficient time and evidence to proceed.
Companies manufacturing e-cigarettes need to provide precise data about the benefits of the products to public health how they will help to reduce or quit smoking among heavy smokers and prevent smoking addiction among the underage. The companies might be able to survive in the market if they manage to provide such data.
Attorneys for the plaintiffs and families of the affected people are outraged because of the delay in the decision. They even showed concern about the growing addiction problem among teens.
E-cigarettes were introduced in the U.S. market a decade ago to provide a less harmful alternative to smokers. But as per the industry experts, the products did not serve the purpose and fueled nicotine addiction among the teens and adults who smoke.
First Zantac Trial Scheduled For October 2022
The first Zantac cancer lawsuit will go for a trial before the jury in October 2022, which will decide the fate of similar claims in future as indicated by a jury in California state court.
As per the court documents, plaintiffs accuse that Boehringer Ingelheim, GlaxoSmithKline, Sanofi and other drug distributors, retailers and manufacturers were aware of the risks associated with Zantac, yet they marketed it as safe in the drug market.
All the Zantac cases are consolidated before a state judge under Judicial Council Coordinated Proceedings (JCCP) for coordinated discovery. Currently, more than 70,000 product liability claims have been filed by former Zantac users with similar allegations that it converts into human carcinogen after storage or passed through the human body.
California Superior Court Judge Evelio Grillo is overseeing the Zantac JCCP in Alameda County that will begin on October 10, 2022. The second case is likely to begin in 2023.
The outcome of these trials would not affect other plaintiffs but will have a huge impact on future litigations. Ranitidine hydrochloride, sold under the name of Zantac in the U.S. market, is used to prevent and treat the ulcers formed in the stomach and intestine.