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The 5th bellwether trial in the 3M earplugs litigation wrapped up yesterday and as we write the jury is in its second day of deliberations. A significant piece of evidence in the trial will be a confidential Air Force Memorandum that defense counsel for 3M desperately fought to exclude from evidence. Just before trial, Judge M. Casey Rogers blasted defense counsel for trying yet again to get keep the memo out.

  • 3M earplug update for 2023

The 5th Bellwether Case: Michelle Blum v. 3M

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Several studies have found an association between cow’s milk-based infant formulas and necrotizing enterocolitis. As a result, plaintiffs have filed NEC infant formula lawsuits against Mead Johnson and Abbott Laboratories, the manufacturers of Enfamil and Similac, respectively. They allege that these formulas cause necrotizing enterocolitis.

This is what you need to know about infant formulas, necrotizing enterocolitis, the studies on the relationship between the two, and the recently filed baby formula lawsuits.

Infant formula types

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Over the last 5 years, the size and scale of mass torts in MDLs (Multidistrict Litigation) has unprecedented levels. With over 250,000 claims, the 3M Earplugs MDL is now the single largest consolidated mass tort ever. Meanwhile, the Zantac MDL has grown to include over 140,000 claims.

Each of these massive MDLs is being overseen and managed by a single federal judge. This monumental feat of judicial administration has been made possible through the application of innovative new technologies and new judicial procedures such as electronic claims registries and administrative dockets.

Claim Registries and Administrative Dockets in Large MDLs

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Yesterday, October 5, 2021, Bayer notched its very first courtroom victory in the Roundup litigation saga when a jury in Los Angeles County ruled that Roundup was “not a substantial factor” in causing a 10-year-old boy to develop Burkitt’s lymphoma. This is only the 4th Roundup case to be decided by a jury. The first 3 resulted in massive losses for Bayer.

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San Bernardino Justice Center

Aside from giving Bayer a much-needed moral victory, this verdict probably won’t have any impact on the future course of the Roundup lawsuits or settlement payouts. This case presented a highly unique fact pattern because it involved very limited and indirect exposure to Roundup for only a short period during the plaintiff’s childhood.

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Hundreds of CPAP users have filed suit against Philips after the company announced a sweeping safety recall covering over 10 million of its CPAP and BiPAP devices. These lawsuits allege that the first-generation DreamStation CPAP machines contained a sound abatement foam that degraded over time and exposed users to toxic chemicals. This post will provide a brief overview of the Philips CPAP recall and look at the specific allegation in some recent CPAP recall lawsuits.

Philips Recalls CPAP Machines

On June 14, 2021, Philips announced a massive safety recall of almost all of the company’s CPAP and BiPAP devices, including the popular DreamStation line of products. The recall impacted an estimated 10 million devices that are primarily used for the treatment of sleep apnea and similar conditions.

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This week the MDL Judge in the Paragard IUD lawsuits will consider a motion to dismiss filed by the manufacturers of the defective birth control device. The Paragard MDL has grown to include over 500 individual cases by plaintiffs alleging that their Paragard IUD fractured during removal resulting in severe pain and sometimes emergency surgery to remove the broken pieces inside their uterus.

About the Paragard Lawsuits

The Paragard is an intrauterine device (IUD) used for birth control. It is a small plastic device shaped like a Y with a copper coil around the center. The device is inserted at the base of the uterus where is provides continuous protection against pregnancy for up to 10 years. The Paragard was designed to be easily removed at the doctor’s office.

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Hundreds of farmers and agriculture workers have filed paraquat lawsuits alleging that their exposure to paraquat caused them to develop Parkinson’s disease. Back in June, a new Paraquat MDL was created and it already has around 200 pending cases. Last week, the MDL judge ordered all incoming plaintiffs to complete a Plaintiff’s Assessment Questionnaire (PAQ).

In this post, we will take a close look at the PAQ because it is essentially an outline of the key issues that will shape the paraquat litigation moving forward. It also gives prospective plaintiffs an idea of what type of facts they will need to support their case.

About the Paraquat Lawsuits

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Many recent studies have found a clear link between use of the drug Elmiron and a unique type of macular degeneration. As a result, hundreds of people have filed Elmiron lawsuits against Johnson & Johnson and their pharmaceutical subsidiary, Janssen, alleging that the company’s bladder drug Elmiron caused them to suffer from vision loss.

November 2018 Ophthalmology study

A November 2018 study published in Ophthalmology found an association between Elmiron exposure and pigmentary maculopathy. The researchers examined the medical records of six Elmiron patients who suffered from pigmentary maculopathy. The patients’ ages ranged between 37 and 62 years. They used Elmiron for an average of 15.5 years.

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Our DreamStation CPAP recall lawyers are currently seeking new cases from individuals who used one of the recalled DreamStation devices and suffered health consequences related to the inhalation of chemicals from the device.

If you used a Philips DreamStation, DreamStation Go, or another recalled CPAP machine for 6 months or longer and have suffered cancer or other negative health consequences, you may be entitled to compensation.

What led to this recall and DreamStation lawsuits? A few weeks ago, Philips Respironics announced it was recalling all of its popular DreamStation sleep apnea machines because they may cause users to unknowingly inhale toxic, potentially carcinogenic chemicals

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On June 10, 2021, U.S. District Judge Nancy J. Rosenstengel announced that the initial conference on the Paraquat class action MDL would take place on June 23 via Zoom.

The conference’s primary purpose was to discuss how to organize the plaintiffs’ leadership counsel. The court also heard both counsels’ position briefs that outlined their views on these cases’ facts, claims, and defenses. It ordered the parties to hold a case management plan meeting.

This is all garden-variety stuff, standard fare as an MDL class action gets underway.