What Happened In The MassTorts World Last Week? 2019-Dec-16
Glyphosate Lawsuits Postponed For Settlement Talks
Glyphosate-based weed killer Roundup lawsuits are being postponed to allow more time for talks on a settlement following an agreement between Bayer and plaintiffs in its next two U.S. lawsuits over allegations that it causes cancer.
According to the agreement, the cases scheduled for January 15 in California Superior Court for Lake County are delayed by six months. A second case to be held in California Superior Court of Alameda on January 21 would also be postponed for which the date is yet to be confirmed. Bayer stated that the delay would give additional time to them as well as to the representatives of the plaintiffs to productively involve in the mediation process.
Early next year, Bayer will also appeal to reverse the first three U.S. court rulings, which involved tens of millions of dollars to the plaintiffs. The trials which were initially scheduled for this year have already been postponed.
More than 18,000 lawsuits are filed against Roundup, which is consolidated under federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California, presided by U.S. District Judge Vince Chhabria.
20 PPI Lawsuits To Head Towards Bellwether Discovery Pool
Proton Pump Inhibitor Lawsuits over kidney problems including Nexium, Prilosec, and other similar drugs have been selected as a part of Bellwether Discovery Pool, by U.S. District Judge Claire C. Cecchi, which will be prepared for early trial dates.
According to an order issued last month in the U.S. District Court, District of New Jersey, the eligible cases as of May 31, 2019, includes plaintiffs who filed a complaint in the multidistrict litigation and served all named defendants; provided a substantially complete Plaintiff Fact Sheet; provided evidence they used at least one of each named defendant’s heartburn drugs.
After identifying all eligible cases, each parties’ counsel will select five cases, and the court will randomly select 200 cases, following which each side will have a chance to pick 16 cases, out of the 210, for a total of 32.
Out of 32, each side can strike six cases from the group, and then once the 20 pool cases undergo case-specific discovery, 6 will go to serve as trial cases.
More than 13,000 lawsuits are consolidated under MDL No. 2789; In Re: Proton-Pump Inhibitor Products Liability Litigation |LS|No. II|RS|, each alleging that the drug makers failed to warn about the risk of chronic kidney disease associated with the widely used heartburn and acid reflux drugs.
Arizona's Opioid Claim Against Sacklers Rejected
On Monday, the U.S. Supreme Court Rejected a case filed by the Arizona Attorney General Mark Brnovich against the Sackler family to compensate billions of dollars they allegedly raided from the company Purdue Pharma LP.
According to the claim filed in July, the family stacked more than $4 billion between 2008 and 2016, and the company was directed to transfer billions of dollars to the companies owned by the family, including overseas companies.
In September, Purdue Pharma and the Sackler family entered a tentative deal with a group of states to end nearly 2,000 lawsuits filed against the company over its role in the national opioid crisis, following the deal, the company filed for bankruptcy protection.
Similar allegations were brought in state court by the attorneys general for New York and Massachusetts.
Opioid lawsuits consolidated under MDL No. 2804 (In Re: National Prescription Opiate Litigation), presided by U.S. District Judge Dan Polster.
Gilead Shifting Patients To Newly Approved Drug Descovy
Gilead is working to shift its Truvada pre-exposure prophylaxis (PrEP) users to Descovy, the newer HIV drug approved by the FDA for PReP treatment.
Descovy, known as tenofovir alafenamide (TAF), is a newer generation of HIV drugs that can be taken in lower doses and still be effective. The users can avoid the risk of serious kidney problems and fractures, which are otherwise caused while taking Truvada and other TDF-based drugs.
Truvada, which contains antiretroviral tenofovir disoproxil fumarate (TDF), was approved in 2004 for the treatment of HIV. Several lawsuits were filed against Gilead, alleging that the manufacturer failed to warn about their tenofovir disoproxil fumarate HIV medications that led to kidney problems and bone loss. The lawsuit also alleges that the manufacturer slowed the development of TAF-based drugs and waited to expire the patent protection. Gilead now has patent protection for brand-name HIV treatments until at least 2032.
According to an analysis by Jefferies & Company analyst Michael Yee, around 10% of users are already converted to use the newer drug, and the manufacturer is on track to convert about 50% to 60% of all users.
TDF lawsuits are consolidated under MDL-2881, IN RE: Tenofovir Disoproxil Fumarate Products Liability Litigation, filed on December 19, 2018, in the Judicial Panel on Multidistrict Litigation.
J&J Appeals Okla's $465M Opioid Verdict
On Monday, attorneys on behalf of Johnson & Johnson (J&J) and Janssen Pharmaceuticals filed an appeal over Oklahoma judge’s ruling to pay $465 million to help the state recover from the opioid crisis.
According to the appeal filed, the company argued that Judge Thad Balkman made many errors during the trial held earlier this year. The company also said that the judge misapplied the state’s public nuisance laws in reaching his decision, and the award should be reduced by $355 million to offset pretrial settlements between the state and two other drugmakers.
The state filed a lawsuit in 2017, alleging J&J and other drug companies for fuelling the opioid epidemic in Oklahoma, which led to the death of tens of thousands of Oklahomans. The lawsuit resulted in a $572 million verdict that was later reduced to $465 million after Judge Balkman admitted miscalculation.
The state also has plans to appeal for the $465 million, stating that it would only cover one year of its cleanup plan, which can only be done until Monday.
Roundup Lawsuit: Former CEO To Testify At St. Louis Trial
The former CEO of Monsanto has been subpoenaed to testify at a St. Louis Roundup trial.
This will be the first time where the executive is required to testify over the alleged risks associated with a glyphosate-based herbicide. Bayer, along with attorney Ken Feinberg is finding ways, through a mediation process, to resolve more than 43,000 lawsuits. Feinberg was a part of some of the largest mass-tort settlements, including the BP oil spill, Volkswagen emissions scandal, General Motors ignition switch recall, and September 11th Victim Compensation Fund.
If the company does not reach settlements in the next few weeks, they will not only face juries in Missouri state court next month but also have to be ready for a trial that is expected to begin in February 2020, involving a claim brought by a plaintiff who alleged that exposure to Roundup caused her Non-Hodgkin's lymphoma.
Roundup lawsuits are consolidated under federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California, presided by U.S. District Judge Vince Chhabria.
Motion Filed Forcing Production Of 3M Samples In Litigation
The plaintiffs suffering from hearing loss allegedly caused due to 3M military earplugs filed a motion asking the U.S. District Judge Casey Rodgers to compel the manufacturer to turn over production samples for testing.
According to a motion filed on 5 December, plaintiffs are seeking to force the manufacturer hand over the now-discontinued, dual-ended Combat Arms Earplugs Version 2 (CAEv2), along with original product packaging and instructions, so the experts can examine and test the product during proceedings.
The motion states that there are at least 10,000 units in storage, which could serve as exemplars for the litigation. It further states that the exemplars are considered an integral part, and there is no substitute for them as they may reveal information that testimony may not, which is why plaintiffs are allowed to a testimonial, document, and tangible discovery.
Claiming that the efficacy, characteristics, labeling, and instructions for the use of 3M’s Combat Arms earplugs plays an important role in the case, the motion is filed to compel the production of four boxes of fifty earplug sets.
Ontario, New Entrant To Join Opioid Class Action
On Wednesday, Ontario passed a bill to join five other provinces in a class-action suit led by British Columbia against opioid manufacturers alleging false marketing tactics.
The suit is filed in a bid to recoup costs from manufacturers and distributors for the nuances caused post its introduction in 1996 into the Canadian market. The province stated that they would invest the potential settlement amount into front-line mental health and addiction services. Other provinces who support the lawsuit include New Brunswick, Newfoundland, and Labrador, Saskatchewan, and Alberta.
A study by a national advisory committee shows around 14,000 Canadians have been killed by the opioid over the last four years. The number is high in the U.S, with 400,000 deaths between 1999 and 2017.
More than 2,600 lawsuits are consolidated under MDL No. 2804 (In Re: National Prescription Opiate Litigation) presided by U.S. District Judge Dan Polster.