Weekly Mass Torts Bulletin 2021-June-7
3M Wins Second Bellwether Trial In Earplug Lawsuits
A Florida jury has cleared 3M of liability in the second bellwether trial which is a part of 236,000-plaintiff class action claims alleging the earplugs of defective design leading to hearing loss.
As per the court documents, an Afghanistan veteran sued 3M claiming that the company's earplugs did not protect him during an IED explosion in 2009 resulting in a tinnitus problem for him, but the federal jury did not consider the manufacturer responsible for the plaintiff's hearing loss.
The earplugs have a reversible design that provides selective noise cancellation when used with the other side and complete blocking of noise when used on the reversed side as claimed by the manufacturer.
Plaintiff's attorneys exhibited disappointment about the verdict as they believe that 3M was aware of the defective design of the earplugs that resulted in tinnitus and hearing loss among the service members.
3M's spokeswoman informed that the company is happy about the verdict and will continue to defend itself in future trials. She even stated that the earplugs were always safe for use.
Earlier, three veterans were awarded a total of $7.1 million in the first bellwether trial against 3M. The veterans accused that the earplug's design is defective and did not fit the ear canal.
The third bellwether trial in the 3M earplugs' lawsuits will begin on June 7. The plaintiff of the third bellwether trial claims that he is suffering from tinnitus due to the defective design of earplugs. In 2005 and 2006, the plaintiff was training at urban warfare at Fort Lewis operating a 160-decibel M240 machine gun when he started facing hearing loss issues.
Bayer Announces Five-point Plan to Resolve Roundup Claims
Bayer has announced a five-point plan to deal with potential future Roundup claims following the denial of the proposed preliminary motion plan by Judge Vince Chhabria of the U.S. District Court for the Northern District of California.
The plan includes a combination of legal and commercial actions to help the company resolve the ongoing and future Roundup claims effectively.
The denial of the preliminary approval has closed the chances of a fair mechanism for all the parties as it has eliminated the MDL that would have prevented future Roundup claims. Bayer can still deal with future claims with the help of the current plan the company has put forward in court. The spokesperson for Bayer stated that worldwide expert regulators are in support of glyphosate-based herbicides by saying that they are safe for use. Even the brief affirmed by the U.S. Environmental Protection Agency (EPA) in the U.S. Court of Appeals for the 9th Circuit claimed that glyphosate is not harmful to humans.
The five-point plan:
Bayer will create and promote a new website that will include relevant scientific studies of Roundup's safety and EPA approved labels. It will help the company to maintain transparency about its products and ensure safety to the users. Users can evaluate the provided studies and labels before using the products.
Bayer will continue to sell its product in the residential lawn and garden market. The company will discuss the future of glyphosate-based products in the U.S. residential market as most of the claimants alleged the use of Roundup Lawn and Garden products. The discussion would not affect the sale of glyphosate-based products in the market.
The company will create a scientific advisory panel of external expert scientists to review scientific information regarding the safety of Roundup. The results of these researches will be displayed on the website for better transparency and a detailed record about the safety of the products.
Bayer will settle existing claims by thoroughly reassessing them. The company will focus on resolving the claims if they are on appropriate terms.
Continuing the appeals of pending cases to manage future liability risk for the company as it will continue through the legal process. The company has a favorable decision by the U.S. Supreme court and strong legal arguments to deal with the claims and reduce future liability risk.
The company is confident enough that the five-point plan will surely manage and address future liability risks of potential Roundup claims.
U.S. Supreme Court Rejects J&J's $2.1bn Appeal
Johnson & Johnson's (J&J) petition to avoid paying the $2.1 billion awarded to 20 women diagnosed with ovarian cancer caused due to the company's talcum baby powder has been rejected by the U.S. Supreme Court.
A Missouri state court jury in July 2018 concluded that J&J acted carelessly by withholding the information about the talc-based powders causing ovarian cancer among the users.
The lawsuit included claims from 22 women who were diagnosed with ovarian cancer and the jury awarded a landmark verdict of $4.7 billion in the case. Two of the claims were dismissed by the jury, even the verdict was reduced following the post-trial appeals. However, $500 million in compensatory damages and $1.62 billion in punitive damages were upheld by the Missouri court for the remaining 20 plaintiffs.
As per the evidence presented in the Missouri Court of Appeals, J&J is correctly fined for withholding its product information, as the only motive of the company was to make a profit by misguiding the users.
In November 2020, Missouri Supreme Court refused to further review the case which prompted J&J to file a Writ of Certiorari with the U.S. Supreme Court in March 2021.
J&J has announced that it will keep aside $3.9 billion to cover the verdict and other costs associated with talcum powder litigation, as per the filing with the U.S. Securities and Exchange Commission earlier this year.
Currently, there are 30,000 individuals with similar allegations that J&J failed to warn the users about its products’ shortcomings.
Health Canada Issues Recall Of Valsartan, Losartan & Irbesartan
Health Canada has announced a recall of most of the versions of valsartan , irbesartan, and losartan as the tests claimed that the drugs have exceeded the limit of azido impurity.
The health officials stated that multiple lots of valsartan, irbesartan, and losartan might contain mutagen and higher exposure to it can cause cancer.
The recalled products are sartan-based medications, which are angiotensin receptor blockers (ARBs) that help the blood to flow easily by relaxing the blood vessels. It helps to prevent heart attacks and stroke among patients with high blood pressure. Patients who have suffered from a heart attack or heart failure can also be treated with this medication.
The recall notice provided by Health Canada states that the products contain excessive levels of azido impurities that are known to mutate the DNA of a cell. The order even notified that as per the international guidelines, the mutagenic impurities have to be kept at a specific level as over-exposure to mutagen can increase the risk of cancer.
The officials have instructed the patients to consult their healthcare professional or pharmacist before continuing the medications as sudden cessation of the medication could cause serious health consequences among the users.
Most of the U.S. supply for the generic version of Diovan was impacted in July 2018, when U.S. Food and Drug Administration (FDA) issued a valsartan recall. Even certain versions of losartan and irbesartan were recalled as the studies concluding that the products contain a potent human carcinogen known as N-nitrosodimethylamine (NDMA).
Currently, there are hundreds of valsartan lawsuits pending in the U.S. court system with similar allegations that NDMA exposure has resulted in stomach cancer, liver cancer, esophageal cancer, prostate cancer, pancreatic cancer, and other injuries among the users.
An MDL has been formed of all the lawsuits overlooked by U.S. District Judge Robert B. Kugler in the District of New Jersey for coordinated discovery and findings.