Articles Posted in Mass Torts

In March 2022, Pfizer announced that it was recalling a popular blood pressure medication (Accuretic) after several lots of the drug were found to contain unsafe levels of a known carcinogen called nitrosamine.

At least for now, the recall appears to be related to isolated batches of the drug and Pfizer claims that it has no evidence of “adverse events” related to the contamination. There is still the possibility, however, that this could turn into a much wider problem and lead to a wave of product liability litigation.

In this post, we will review the details of the recall and assess the likelihood of any mass tort litigation (and we have a new 2023 update at the bottom).

Significant or prolonged exposure to formaldehyde has been linked to a number of adverse health conditions and recent evidence has shown that it can increase the risk of cancer. In recent years, dangerously high levels of formaldehyde have been discovered in various consumer products which has prompted product liability lawsuits against companies like Lumber Liquidators and Johnson & Johnson. In this post, we will look at formaldehyde product liability lawsuits and their settlement value.

Formaldehyde Poisoning

Formaldehyde poisoning is a disorder caused by chronic exposure and inhalation of formaldehyde fumes (usually with occupational exposure).  Formaldehyde is a colorless chemical. However, it produces a strong, suffocating smell. Formaldehyde is commonly found in household products and materials used to make cabinets, furniture, and walls. Many people become exposed to the chemical through tools and equipment cleaned with it.

Procter & Gamble issued a recall of 30 dry conditioners and shampoos because these products may contain benzene, a cancer-causing chemical P&G recalled aerosol spray products will familiar names such as Aussie, Pantene, Herbal Essence, and Waterless. dry shampoo products from Old Spice and Hair Food.

The products were made by Proctor & Gamble and distributed nationwide through online sales like Amazon and through traditional retailers.

Is this a big deal or a little deal?  Is the Benzene risk real?  This post talks about the recall and what it means.

Last month, Elizabeth Burch (University of Georgia School of Law) and Margaret Williams (Johns Hopkins) published a paper entitled Perceptions of Justice in Multidistrict Litigation. The paper was based on a survey of 217 women who are plaintiffs in various mass tort MDLs. Based on this survey, the authors conclude that the MDL system for handling mass torts in federal court is deeply flawed and fails to deliver justice to victims.

This paper has been making the rounds in legal academic circles and received some attention from national news outlets like Reuters. In my humble opinion as a lawyer directly involved in the MDL mass tort system, this paper is based on an absurdly flawed survey that is not reflective of most MDL plaintiffs.

Summary of the Survey

An opioid settlement is coming. How much money is in it for you? If you have suffered, it is a fair question. But this is a different kind of opioid settlement.

Thousands of counties, townships, and local jurisdictions across the country are currently suing pharmaceutical companies that manufacture and sell prescription opioid painkillers. The local jurisdictions are seeking money to reimburse them for the billions of dollars they have been forced to spend in response to the opioid abuse epidemic. After months of little or no movement in this matter, reports suggested that a global settlement proposal may finally be in the works.

Opioid manufacturers, distributors, and pharmacies have collectively paid more than $50 billion in settlements. These funds are earmarked for a range of programs and initiatives designed to tackle the opioid crisis, such as: