What Happened In The MassTorts World Last Week? 2019-Jun-03
J&J: Sole Defendant In The Oklahoma State Opioid Trial
Oklahoma State Attorney General Mike Hunter made an announcement on May 26, Sunday, stating that Teva Pharmaceuticals made a settlement of $85 million over alleged link to the opioid epidemic, two days before the trial.
Following the settlement, J&J and its subsidiary Janssen Pharmaceuticals Inc. are the only remaining defendants in the litigation. The trial is considered to be one of the state's first in testing drugmaker liability for an epidemic of painkiller abuse. The state is seeking at least $10 billion in damages and penalties for the opioid epidemic. Around 42 states and more than 1,900 municipalities have sued the companies, demanding billions of dollars in damages.
In a similar trial held in March, OxyContin maker Purdue Pharma LP made a settlement of $270 million. U.S. District Judge Dan Polster is presiding over more than 1,900 suits filed by U.S. cities and counties of which more than 1,600 cases are filed largely by local governments, Native American tribes, and hospitals. The first trial in the MDL No. 2804 is set to start in October 2019.
Attorneys Earmarked For 3M Earplugs Lawsuits
U.S. District Judge Casey Rodgers, in the Northern District of Florida, has appointed attorneys for lead discovery, pretrial proceedings in 3M Earplugs MDL No. 2885.
According to a pretrial order issued on May 22, Judge Rodgers has selected a group of 53 plaintiffs’ attorneys to serve in various leadership roles. The role allocation has been done in the following manner: one to serve as plaintiffs’ Lead Counsel, two to serve as Co-Lead Counsel, two to serve as Co-Liaison Counsel, seven plaintiffs’ attorneys to form an Executive Committee and 15 attorneys to serve as a Steering Committee. Additionally, four attorneys have been appointed to a “Discovery & ESI Subcommittee”, six for an “Early Vetting Subcommittee”, five for a “Law, Briefing & Legal Drafting Subcommittee”, six for a “Science & Experts Subcommittee”, five for a “Common Benefit Fund Committee”, two for a “Joint Discovery/ESI Committee”, four for a “Joint Armed Services Committee”, two for a “Joint Statutes of Limitations Committee” and three for a “Joint Settlement Committee”.
More than 640 injury lawsuits related to the defective earplugs are centralized as part of a multidistrict litigation (MDL No. 2885; In Re: 3M Combat Arms Earplugs Litigation) which is presided by Judge M. Casey Rodgers in the Northern District of Florida against Minnesota-based 3M.
Asbestos Ban: EPA Officials Ignore EPA Experts
According to the letter dated August 10, 2018, U.S. Environmental Protection Agency (EPA) experts had warned about risks from exposure to asbestos which was ignored by EPA officials.
The report came after the EPA's refusal to put a ban on asbestos last month, despite its alleged links to a number of serious and life-threatening health risks, including mesothelioma, lung cancer, asbestosis, and other ailments. EPA officials objected, claiming they only considered lung cancer and mesothelioma as potential asbestos harms and the “new uses” of asbestos could be safer.
J&J is facing nearly 14,000 talcum powder lawsuits, each raising a common allegation that asbestos exposure from the company’s talc-based products causes ovarian cancer or mesothelioma. Hon. Freda L. Wolfson, U.S.D.J./ Hon. Lois H. Goodman, U.S.M.J. overlooks J&J's talcum powder multidistrict litigation (MDL No. 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation) in the District of New Jersey.
OK Claims, J&J Sparked The Opioid Epidemic
A landmark trial began on May 28, Tuesday, between Oklahoma State and Johnson & Johnson over alleged links to the opioid epidemic.
Oklahoma Attorney General Mike Hunter and outside lawyers for the state have claimed that J&J sparked the opioid crisis. Hunter also argued that J&J and subsidiary Janssen Pharmaceuticals Inc. unit began spreading the lies about painkillers risks & benefits from the mid-1990s. The trial is being considered to be one of the nation’s most significant trials in recent history, carrying profound implications for the health of millions of Americans, the reputations and bank accounts of dozens of major corporations, and the finances and services of governments across the country.
Purdue and Teva Pharmaceuticals settled for $270 million and $85 million, respectively. J&J has expressed an openness to settle, also indicating that it’s prepared to battle to the end.
Plaintiffs Allege J&J Talc For Ovarian Cancer
In a recent complaint filed by a couple, talcum powder has been alleged to cause ovarian cancer, which led to hysterectomy and multiple surgeries.
According to the lawsuit, the woman was diagnosed with ovarian cancer in August 2016, which was allegedly caused due to years of exposure to talcum powder products. She underwent pelvic lymphadenectomy, radical abdominal hysterectomy, and paraaortic lymph node biopsy, as well as a bilateral salpingo-oophorectomy, where both ovaries and fallopian tubes were removed.
Nearly 12,000 Johnson’s Baby Powder lawsuits and Shower-to-Shower lawsuits are pending in courts nationwide, claiming that the manufacturer failed to warn about the risks of using talcum powder. Last month, a California jury awarded $29 million to a woman with cancer who used J&J talc. In addition, last year a Missouri jury returned a landmark $4.7 billion verdict for 22 women diagnosed with ovarian cancer. Hon. Freda L. Wolfson, U.S.D.J./ Hon. Lois H. Goodman, U.S.M.J. overlooks J&J's talcum powder multidistrict litigation (MDL No. 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation) in the District of New Jersey.
ACSH Bribed For Weed Killer's Safety Issue
According to the court documents from the ongoing Roundup cancer litigation, Monsanto made a monetary contribution to the American Council on Science and Health (ACSH) to say 'Roundup is safe to use.'
In an email dated February 26, 2015, there were signs of Monsanto trying to influence the scientific community to push against the decision by the World Health Organization’s International Agency for Research on Cancer (IARC), who announced glyphosate as a probable human carcinogen. Another email from ACSH stated that Monsanto had not yet paid for their contribution to discredit the IARC’s findings, where Monsanto officials agreed to continue to give the group money. The revelations came following 15,000 product liability lawsuits filed throughout the U.S., against its new parent company, Bayer. Each allegation involves that the popular weed killer can increase the risk of cancer, particularly non-Hodgkin’s lymphoma.
Around 13,400 lawsuits are pending in the federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California, which is overlooked by U.S. District Judge Vince Chhabria. A lawsuit filed by a woman alleging the use of Roundup for her non-Hodgkin's lymphoma will be the next to go for trial on February 10, 2020.
Earlier on May 13, 2019, a settlement of $2.055 billion was awarded to the California couple for the damages caused to them due to the exposure of glyphosate from Roundup. The settlement will eventually result in resolving the remaining Roundup lawsuits as it was the third trial out of 13,400 pending lawsuits against Bayer. But the legal experts have indicated that the company won't settle the pending verdicts.
High Court Refuses To Consider Paxil Suicide Case
The U.S. Supreme Court has declined the appeal filed on behalf of consumers, who alleged GlaxoSmithKline to be held responsible for failing to warn about the risk of suicide following the use of generic versions of Paxil.
According to an order list published this week, the high court indicated that it would not consider the lawsuits filed against GlaxoSmithKline since generic equivalents are required to carry the same warning label as the product they are copying.
A Paxil suicide case, filed by the family of a man who committed suicide after using a generic drug, was dismissed by the 7th U.S. Circuit Court of Appeals following the publication. The man started taking the generic Paxil in 2010 and committed suicide six days later. A lawsuit was claimed by his wife against GlaxoSmithKline for failing to add proper warnings to the Paxil label. However, the manufacturer indicated that the FDA had rejected their attempt to add suicide warnings to Paxil, arguing that the state law failure to warn claims were pre-empted by federal law.
U.S. District Court Judge Mariana Pfaelzer overlooks the MDL No. 1574 (Ninth Circuit: In re Paxil Products Liability Litigation) in the Central District of California for cases filed over withdrawal symptoms.
As per the research of the U.S. Food and Drug Administration (FDA) in 2004, children and adults taking Paxil were vulnerable to commit suicide. Later that year, a New York Attorney general sued GlaxoSmithKline (GSK) for hiding the information about such risks regarding the drug. GSK has even paid $390 million as settlements for suicides or attempted suicides because of the drug.