What Happened In The MassTorts World Last Week? 2019-May-20
Leadership Positions Approved for Federal Valsartan Lawsuits
Following the establishment of a multidistrict litigation (MDL No. 2875) for all federal valsartan recall lawsuits, in the District of New Jersey, by the JPML in February 2019, the presiding judge, U.S. District Judge Robert B. Kugler, issued the sixth case management order on May 06.
According to the order, the following leadership roles have been appointed by the court: four plaintiffs’ attorneys to serve as Co-Lead Counsel, two attorneys as Plaintiffs’ Liaison Counsel, 11 attorneys to a Plaintiffs’ Executive Committee, 10 attorneys to a Plaintiffs’ Economic Reimbursement committee, and 16 attorneys to a Plaintiffs’ Personal Injury Committee. The court further approved members to serve in the Defendants' Leadership Structure which included four Defendants’ Executive Committee members and two Defendants’ Liaison Counsel members.
Valsartan drug manufacturers and distributors currently face nearly 100 product liability lawsuits with claims that the distributed version of valsartan was contaminated with carcinogenic substances, including N-nitrosodimethylamine (NDMA) and N-Nitrosodiethylamine (NDEA), which happens to be a by-product of the generic drug manufacturing process.
Plaintiffs Fight Against The Mass Removal Of Talc Lawsuit
Johnson & Johnson faced opposition from plaintiffs attorneys to push back against the mass removal of their cases from state to federal court following the bankruptcy filed by Imerys Inc., J&J’s major talc supplier. The lawyers represent hundreds of women who allege talcum powder caused their ovarian cancer.
Nancy Winkler of Eisenberg Rothweiler Winkler Eisenberg & Jeck is representing several plaintiffs. In one of the cases handled by Winkler for Ellen Kleiner, the trial was cleared to be Philadelphia’s first trial over the alleged link between talc and ovarian cancer, but the case was removed in April, for the second time, to federal court in Pennsylvania. Winkler filed a motion for remand and said she is preparing to try the case in Philadelphia state court in early 2020.
Nearly 14,000 talcum powder lawsuits are filed against J&J, 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.
California Jury Awards $2.055 Billion In Third Roundup Trial
A California couple was awarded $2.055 billion total for damages allegedly caused due to the exposure to glyphosate from Roundup.
The verdict was given by a jury of five women and seven men in California, in favor of the couple who was diagnosed with non-Hodgkin’s lymphoma. The jury granted $55 million in non-economic and economic damages along with $1 billion in punitive damages for each of the plaintiffs — adding up to $2.055 billion in total. In a recent trial, California federal jury awarded $80 million against Monsanto in favor of another plaintiff. Also in August 2018, a state jury in San Francisco awarded a former school groundskeeper $289 million, which was later reduced to $78.5 million after Monsanto's appeal.
This was the third trial out of 13,400 pending lawsuits. U.S. District Judge Vince Chhabria overlooks the federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California.
Early Settlement For Bard IVC Filter Lawsuits
According to a telephonic conference held on May 10, 2019, a settlement has been reached for a Bard IVC Filter lawsuit before the trial date; however, the settlement agreement details remain confidential.
Nearly 7,000 product liability lawsuits have been filed against C.R. Bard over alleged complications caused after the retrievable blood clot filters moved out of position causing small pieces to travel throughout the body. A jury selection was set to begin in a claim filed by Plaintiff Debra Tinlin, who received the Bard Recovery filter in 2005 to treat her deep vein thrombosis (DVT) and pulmonary embolism (PE). In 2013, she filed a lawsuit alleging the filter fractured due to which she suffered severe complications.
U.S. District Judge David G. Campbell is presiding over all IVC Filter lawsuits filed against C.R. Bard under MDL No. 2641; In Re: Bard IVC Filters Products Liability Litigation. Additionally, around 4,000 Cook IVC filter lawsuits are pending in a separate MDL, alleging that the devices sold by this competing manufacturer carry similar design defects. In February, an Indianapolis jury awarded a plaintiff $3 million in compensatory damages.
10 Ethicon Physiomesh Cases Identified For Bellwether Trial
According to a notice published on May 10, a group of ten Ethicon Physiomesh lawsuits has been identified for a bellwether trial pool in the federal court system. It includes five cases selected by each side, to help gauge how juries might respond to certain evidence and testimony that will be repeated throughout the litigation. The first claims will be selected to go before a jury starting in February 2020.
J&J and its subsidiary Ethicon faces nearly 2,000 product liability lawsuits over hernia mesh complications involving abdominal pain, infection, hernia recurrence, adhesions, perforations, erosion and was removed from the market in May 2016. Following the bellwether trials, if the manufacturer fails to reach settlements or another resolution, all individual lawsuits might be remanded back to different U.S. District courts nationwide for separate trial dates in the future.
There are more than 240 Bard hernia mesh lawsuits pending in the multidistrict litigation (MDL No. 2846; In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation) formed in the Southern District of Ohio.
Laws To Implicate Complete Ban on Asbestos
In a recent press conference held this week, New Jersey Congressman Frank Pallone, Jr., and a group of Congressional representatives discussed ‘The Alan Reinstein Ban Asbestos Now Act (H.R. 1603)’ introduced in March, to call a complete ban on the use of asbestos due to its continuing risk of mesothelioma and other health problems.
Asbestos has been linked to a number of forms of respiratory illnesses and cancer, such as mesothelioma, lung cancer, and asbestosis. Currently, the use is banned on corrugated paper, roll board, commercial paper, and specialty paper, flooring felt and new commercial uses that began after August 25, 1989. Pallone also stated that asbestos has been banned in more than 60 countries and is the number one cause of work-related deaths in the world, yet the U.S. still continues to import and use the carcinogenic material.
Nearly 14,000 talcum powder lawsuits are filed against J&J, 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.
Former FDA Inspector On Valsartan Recalls
According to a news report, former FDA inspector Massoud Motamed said that he had warned about problems with valsartan manufacturing facilities in China and India at least a year before the recall began, but he was ignored.
Zhejiang Huahai Pharmaceutical Co. in China and Hetero Labs in India manufactured the recalled valsartan ingredients. Motamed inspected the Zhejiang Huahai plant in China in May 2017 and found a number of alarming problems, including unknown impurities that were reportedly dismissed as laboratory errors. He had recommended sending a warning letter to the facility, but it was overruled by FDA management, allowing the plant to fix the problems voluntarily. A year later, the agency began forcing the company’s drugs to be recalled and placed import restrictions on all its products. This impacted most of the U.S. supply for the blood pressure drug.
Valsartan drug manufacturers and distributors are currently facing around 100 product liability lawsuits with claims that the distributed version of valsartan was contaminated with carcinogenic substances, including N-nitrosodimethylamine (NDMA) and N-Nitrosodiethylamine (NDEA), which happens to be a by-product of the generic drug manufacturing process.
Appeal Against Dismissal Of Purdue Pharma Lawsuits
On May 14, 2019, the North Dakota Attorney General, Wayne Stenehjem, informed that the state would appeal against the dismissal of its suit alleging that Purdue Pharma fueled the opioid crisis.
The state along with 39 other state attorneys has sued Purdue Pharma over the opioid crisis a year ago. According to North Dakota District Judge James Hill, the claims in North Dakota's suit against Purdue attempted to mislead the benefits of long-term opioid use were barred by federal law. Also, they didn't allege any information that could provide a basis for Purdue to change its labeling without the approval of the U.S. Food and Drug Administration.
More than 1,600 cases over the opioid crisis 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.
Monsanto Appeals Against $2B Roundup Verdict
Monsanto would be appealing against a recent $2.055 billion verdict based on the findings of a U.S. regulatory agency who stated the herbicide is safe to use.
In a recent trial held on May 13, 2019, a California couple was awarded $2.055 billion total for damages allegedly caused due to the exposure to glyphosate from Roundup. The jury had granted $55 million in non-economic and economic damages along with $1 billion in punitive damages for each of the plaintiffs — adding up to $2.055 billion in total. The recent trial has fueled the possible settlement of more than 13,000 lawsuits brought over Roundup across the country. But legal experts believe Bayer won't settle on the verdicts and will have a tough time convincing courts to toss out verdicts.
This was the third trial out of 13,400 pending lawsuits. U.S. District Judge Vince Chhabria overlooks the federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California.