Lawsuit Update Center
Most class action lawyers will tell you 2024 was underwhelming. The 3M earplug settlement was a disappointment. Johnson & Johnson’s attempt to push talc claims into a third bankruptcy did not catalyze a significant settlement. Hernia mesh has mostly settled but few plaintiffs have seen a settlement check.
In 2025, we expect more settlements in mass torts. Roundup, Paraquat, and AFFF are all ripe for settlement in 2025. Let’s talk about what is out there.
PACER MDL Docket Links
| MDL | ECF LINK | CASE # |
| 3M Earplugs | N.D. Florida | 3:19-md-2885 |
| AFFF | D. South Carolina | 2:18-mn-2873 |
| Bard PowerPort | D. Arizona | 2:23-md-03081 |
| Camp Lejeune | E.D. North Carolina | 7:23-cv-00897 |
| CPAP | W.D. Pennsylvania | 2:21-mc-1230 |
| Exactech | E.D. New York | 1:22-md-03044 |
| Gardasil | W.D. North Carolina | 3:22-md-03036 |
| Hair Relaxer | N.D. Illinois | 1:23-cv-00818 |
| Hernia Mesh (Bard) | S.D. Ohio | 2:18-md-2846 |
| NEC Formula | N.D. Illinois | 1:22-cv-00071 |
| Paragard IUD | N.D. Georgia | 1:20-md-2974 |
| Paraquat | S.D. Illinois | 3:21-md-3004 |
| Roundup | N.D. Cal. | 16-md-2741 |
| Talcum Powder | D. New Jersey | 3:16-md-02738 |
| Tepezza | N.D. Illinois | 1:23-cv-03568 |
| Zantac | S.D. Florida | 20-md-2924 |
The Paraquat lawsuits assert that prolonged exposure to this industrial herbicide leads to Parkinson’s disease. The Paraquat class action MDL has rapidly burgeoned into one of the fastest-growing mass torts over the past two years. Although the growth rate tapered off towards the close of 2023, the upcoming year, 2024, holds pivotal significance for this litigation.
At the start of 2024 there were 5,000 cases in the Paraquat MDL and given the pace of growth to that point, we were confidently predicting that there would be 7,000 cases or more by the end of the year. That prediction turned out to be wrong as the pace of new Paraquat cases slowed down significantly during 2024.
2025 will be a watershed year for the Paraquat lawsuits. The first bellwether test trial is scheduled to start in March 2025. If that case actually goes to trial the result will reshape the future of the litigation. If that case gets settled before trial, however, it will be a very good indication that a global settlement is in the works.
Not long ago, Roundup was the most widely used lawn and gardening product in the world, a staple for homeowners and agricultural workers alike. However, this changed dramatically as scientific studies linked its active ingredient, glyphosate, to cancer, particularly non-Hodgkin’s lymphoma (NHL).
This revelation ignited a wave of lawsuits against Monsanto (now owned by Bayer), alleging that the company failed to warn consumers about the carcinogenic risks of glyphosate exposure.
Between 2018 and 2019, Monsanto/Bayer suffered three massive courtroom defeats, with jury verdicts totaling billions of dollars in damages. These landmark cases set the stage for one of the largest product liability settlements in history. Facing tens of thousands of claims, Bayer opted for damage control, agreeing to settle nearly $11 billion worth of Roundup cases in an effort to stem the tide of litigation.
After its initial wave of settlements, Bayer took a more aggressive approach, moving away from large-scale payouts and choosing to fight cases in court. Initially, this strategy really paid off. Monsanto ran off a string of defense verdicts in early trials. (It helped that the settled the best cases and let the weakest go to trial.)
However, this legal momentum did not last. Some plaintiffs lawyers and their clients were not willing to settle the strong claims. By late 2023 and into 2024, plaintiffs began racking up major courtroom victories, with jury awards totaling billions in just a handful of cases. There were a few losses thrown in that stretch. But big verdicts bring momentum.
Bayer has reported settled with some plaintiffs lawyers recently at settlement numbers that are said to be lower than the first round of settlement.But some lawyers will hold out and keep banging out big verdcit. Continuing to fight case after case in court is not a sustainable long-term strategy, especially with billions in legal expenses and the risk of additional high-dollar verdicts looming.
Our lawyers think 2025 could be the year Bayer reopens talks for a large-scale settlement to resolve remaining claims. Did we say this last year? We did.
The Paragard IUD lawsuits contend that a flaw in the IUD caused the retention arms to fracture inside the body during removal. Housed in the Northern District of Georgia under the oversight of Judge Leigh Martin May, this MDL has been among the slowest-moving mass tort class actions in our observance.
Every year we keep predicting that something, anything will happen in the Paragrad IUD class action MDL. But invariably those predictions turn out to be wrong and we start yet another year with seemingly no end in sight. The Paragard MDL is the turtle of the mass tort world. We assume it will get to the finish line at some point. Maybe that will happen in 2025.
Lawsuits surrounding AFFF firefighting foam claim that exposure to this substance can lead to specific types of cancer. All federal court cases related to firefighting foam were consolidated into a new AFFF class action MDL situated in the District of South Carolina.
In August 2023, a global settlement deal was announced; however, disappointingly, it only encompassed cases concerning water contamination brought by local counties and water authorities. It did not extend to claims made by individuals who alleged developing cancer due to AFFF exposure.
As we head into 2025, there are 7,600 cases pending in the AFFF firefighting foam MDL. Speculation abounds following the global settlement of water contamination cases, hinting at the possibility of a global settlement deal for cancer cases. Many AFFF lawyers are expecting a global AFFF settlement in the first half of 2025. But, so far, nothing yet.
In October 2022, an impactful new study surfaced, revealing a correlation between regular usage of hair relaxer (a product widely used by millions of Black women in the U.S.) and an increased risk of uterine cancer. This revelation promptly initiated a surge of lawsuits regarding hair relaxer-related cancer, swiftly consolidated into a new class action MDL.
The substantial number of African American women in the U.S. who regularly use hair relaxers throughout their adult lives signifies the vast potential plaintiff pool in this case. 2023 witnessed an explosive expansion in the hair relaxer class action, ranking as the most rapidly growing mass tort nationwide during that year. That explosive growth slowed down drastically in 2024 and it looks like 2025 will be similarly slow.
Suboxone, a medication utilized in treating opioid addiction and dependence, has seen extensive use in recent years. The latest version of Suboxone is in film form, designed to dissolve beneath the tongue. However, these sublingual films result in acute dry mouth, leading to severe tooth decay, tooth loss, and other dental issues. Initially, the manufacturer of Suboxone declined to include a warning about tooth decay on the drug’s product label, despite being well aware of the issue.
Only after the intervention of the FDA, urging the manufacturer to include a warning, did Suboxone’s label incorporate information about tooth decay. Thousands of Suboxone users experienced tooth decay and loss, prompting the initiation of Suboxone tooth decay lawsuits alleging the manufacturer’s negligence in failing to provide adequate warnings.
The Suboxone tooth decay lawsuits were consolidated into a new MDL at the start of 2024 and the litigation quickly attracted plaintiffs and claims. Now the Suboxone MDL is well into the discovery phase and appears to be moving very quickly. It might be too soon to expect a global settlement to get done in 2025, but its certainly a possibility.
Talcum powder lawsuits allege that prolonged exposure to talc found in products like baby powder leads to cancer. The talcum powder class action against Johnson & Johnson stands as the second-largest mass tort MDL in the country, boasting over 55,000 lawsuits.
The year 2025 holds the potential for a significant turn in talcum powder litigation as a major global settlement deal from J&J could materialize. Presently, J&J’s settlement offers are perceived as insufficient, offering only $9 billion for over 50,000 cases, falling short of resolution. Simultaneously, talcum powder cases are proceeding to trial, yielding substantial verdicts nationwide, compelling J&J to address and resolve this mounting pressure.
Tepezza, a new prescription drug used for treating thyroid eye disease (TED), has been linked to cases of permanent hearing loss among patients receiving Tepezza injections. Consequently, a growing number of lawsuits have been filed nationwide against the manufacturer for failing to warn about this risk. The Tepezza lawsuits were consolidated into a new MDL in 2024 and as we head into 2025 the MDL is moving very quickly, although the volume of new cases has been slow.
Bard PowerPort
The Bard PowerPort is an implanted port catheter designed to provide direct venous access for patients requiring frequent catheterization, such as those undergoing chemotherapy. However, due to design flaws, the device has a high risk of fracturing or migrating after implantation, often leading to severe complications, including vascular damage and infections.
As a result, a growing number of patients who experienced these complications after receiving a Bard PowerPort have filed product liability lawsuits. In August 2023, the Bard PowerPort lawsuits were consolidated into a multidistrict litigation (MDL). Although the MDL saw slow initial growth, it began to expand more rapidly around April.
Depo-Provera Lawsuits
Depo-Provera, commonly known as the birth control shot, has been a widely used contraceptive injection since the early 1990s, with hundreds of thousands of women in the U.S. having received it. However, a scientific study published in March 2024 revealed that Depo-Provera use may increase the risk of developing meningioma brain tumors. This discovery has led to a wave of product liability lawsuits against the manufacturer, Pfizer. We now have a new MDL. The Depo-Provera litigation is expected to become one of the most significant and active mass tort cases of 2025.
BioZorb Implant Lawsuits
The BioZorb implant was designed as a tissue marker for lumpectomy procedures, intended to aid in recovery. However, emerging evidence indicates that the device may cause serious complications, including chronic pain, excessive scarring, and the need for additional surgeries. Despite these risks, manufacturer Hologic allegedly failed to fully disclose the potential dangers. As a result, lawsuits are now being filed across the country, and the BioZorb litigation is expected to gain significant traction in the coming year.
