What Happened In The MassTorts World Last Week? 2019-Dec-23
Bayer Appeals To Reverse $25M Roundup Verdict
On Monday, Bayer appealed to the U.S. federal court to reverse the $25 million verdict given against them in favor of a Californian man, who alleged the company’s Roundup weed killer for his cancer.
The case on appeal before the 9th Circuit involved the claims of the man who was diagnosed with non-Hodgkin’s lymphoma in 2014. The plaintiff was initially awarded $80M in March, which was later reduced to $25 million in July. Bayer, in its filing, stated that the verdict defied regulatory findings and sound science.
The lawsuit becomes the first case to go to trial and becomes the second of the three blockbuster bay area verdicts against Bayer in Roundup cases.
Bayer is now facing more than 15,000 Roundup lawsuits. U.S. District Judge Vince Chhabria is presiding over all the federal multidistrict litigation (MDL No. 2741; In Re: Roundup Products Liability Litigation) in the Northern District of California.
Earlier, 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.
Oklahoma Claims $465M Opioid Verdict Insufficient
On Monday, Oklahoma Attorney General Mike Hunter's office filed an appeal against the $465 million verdict claiming that the amount will be insufficient to curb the effect of the state's opioid epidemic.
According to the Supreme Court filings, the state is seeking an authority to come back and ask for more money later against the defendants Johnson & Johnson (J&J), who allegedly engaged in a decisive and misleading marketing campaign to fuel the opioid crisis. The appeal noted that the current verdict would only fund the first year of abatement efforts, and it would take 20 or more years to fully abate the effect for which the state claimed for an award of $17 billion.
Last week, attorneys on behalf of J&J and its subsidiary Janssen Pharmaceuticals filed an appeal to overturn the verdict stating that the judge misapplied the state’s public nuisance laws in reaching his decision.
An appeal to pay $468,920 to cover the state's out-of-pocket litigation expenses for the trial has also been filed by the attorneys for the state in Cleveland County District Court.
Earlier, 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.
J&J Wins California Asbestos Cosmetic Talcum Powder Trial
On Monday, Jurors in California cleared allegations made by a California woman against Johnson & Johnson (J&J) over its talc-based baby powder.
According to the court documents, the 48-year old woman used talcum powder as a child in Hong Kong and also in the U.S after her move in 1984. It further noted that the talc supplied for baby powder from the mines of both Korea and Vermont contained asbestos fibers, which was the reason for her terminal disease.
J&J, in its argument, established that asbestos was not present in the talcum powder using detailed agency's and institutional studies and also outlined the company’s testing protocol that included more than 170,000 test samples of talc and determined the mineral was asbestos-free.
Nearly 14,000 Talcum Powder and Shower-to-Shower lawsuits are consolidated under multidistrict litigation MDL No. 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation. Lawsuits are also pending in a coordinated California proceeding under Judicial Council Coordinated Proceeding No. 4877.
Ford's $40M Asbestos Case To Get A New Trial Or Remittitur
Ford Motor Co.'s appeal, over the $40.6 million asbestos verdict, has been approved by the Supreme Court of Delaware, and the case is remanded back to a lower court for a new trial or remittitur.
The appeal filed claims that the plaintiff, along with her late husband, who died before the trial, failed to prove that Ford didn’t warn her husband about asbestos in the negligence case filed. The appeal also claimed that the Superior Court shouldn’t have denied its petition for a new trial, as the company believed the jury gave an "inconsistent verdict" and that the compensatory damages verdict is excessive.
The plaintiff's late husband owned Knecht Automotive in Los Alamos, New Mexico, where he had contracted mesothelioma after being exposed to asbestos from the clutches and brakes. The lawsuit filed alleged 18 defendants responsible for not warning about the possible impact of asbestos, which led to his injuries and his wife's loss of consortium.
Justice James T. Vaughn considering the compensatory damages verdict excessive remanded the case to the Superior Court for further consideration.
On November 1, Special Master Joel Pisano, appointed by the U.S. District Judge Freda L. Wolfson presiding over all federal talcum powder lawsuits, approved a supplemental order with regards to the testing procedures for Johnson & Johnson's (J&J) Baby Powder samples from the recalled lots.
The order indicates that J&J should notify plaintiffs that additional samples for independent testing will not be available, if the testing associated with recent recall uses up all the samples. It further states to preserve the samples and recalled bottles of baby powder returned by consumers and an appropriate protocol for dividing and selecting such samples should be raised with the court.
The last month's recall impacted 33,000 bottles after the FDA found evidence of asbestos in a sample tested. The lawsuits are consolidated under multidistrict litigation MDL No. 2738 ( In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation). Lawsuits are also pending in a coordinated California proceeding under Judicial Council Coordinated Proceeding No. 4877.
Johnson's Baby Powder, one of the most popular products containing talcum powder, is linked to increasing a woman's risk of ovarian cancer if she uses it regularly in the genital area. In a few cases, the cancer tissue was studied using an electron microscope and was found to have talc in it, which supported the claim that the cancer was caused by the body powder and increases the talc-related cancer risk.
Nevada Gets $333M To Fight Opioid Crisis
Nevada received more than $333 million by the Department of Justice’s Office of Justice Programs to combat the effect of the opioid crisis.
Grants will apparently go to law enforcement officers, emergency responders, and treatment professionals across the country. $1,282,324 will support public safety and public health professionals in the District of Nevada. Other funds will likely support services for children and youth affected by the crisis.
Organizations in the District of Nevada also received the following awards:
Juvenile Drug Treatment Court Program.
Paul Coverdell Forensic Science Improvement Grant Program.
Adult Drug Court and Veterans Treatment Court Discretionary Grant Program.
The awards will address prescription drug abuse, expand the capacity of forensic labs, and support opioid-related research. A wide range of activities, preventive services, and comprehensive treatment to recovery assistance, forensic science services, and research will be covered by the award.
Earlier, 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.