Articles Posted in Mass Torts

Injectafter lawsuits have been filed around the country amid allegations that the iron supplement causes hypophosphatemia (HPP), leading to fatigue, muscle pain and weakness, and bone pain.

Infectafer Lawsuit Update – July 2022

A total of 13 Injectafer product liability lawsuits have been filed in federal courts so far in 2022. 12 of the 13 Injectafer lawsuits were filed in the Eastern District of Pennsylvania and 1 of the cases was filed in the Middle District of Florida.

Over 60,000 women in the U.S. get diagnosed with uterine cancer every year, making cancer of the uterus the 2nd most common female cancer. Recently, uterine cancer has been linked to exposure to certain chemicals, putting this disease at the center of several mass torts, including hair relaxer lawsuits and Camp Lejeune toxic water lawsuits. On this page we provide a simple overview of uterine cancer from a medical standpoint and look at how it has become involved in litigation.

The Uterus

The uterus is the largest female reproductive organ. This pear-shaped organ is often called the “womb” and is where human life begins in the form of fetal development during pregnancy. The uterus is comprised of 3 separate parts: (1) fundus, (2) isthmus, and (3) cervix.

Last week, the 2nd bellwether test trial in the C.R. Bard hernia mesh MDL ended in a verdict for the plaintiffs awarding total damages of $255,000. This verdict marked a solid victory for the hernia mesh plaintiffs and helped reaffirm the course of the litigation after the 1st bellwether trial resulted in a defense verdict last month. There are still over 16,000 additional plaintiffs with hernia mesh lawsuits pending in the MDL. Two additional cases had previously been selected for bellwether trials but the schedule moving forward is very uncertain.

Background on the C.R. Bard Hernia Mesh Lawsuits

C.R. Bard (now a subsidiary of Beckton-Dickinson) was one of the leading manufacturers of hernia mesh patches and screens. A hernia mesh is essentially a very small synthetic screen material that doctors implant inside the body during hernia repair surgery. The screen helps to strengthen and reinforce the surgically repaired tissue.

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).

Almost 300,000 plaintiffs (mostly military veterans) have filed product liability lawsuits against 3M alleging that defects in the design of 3M’s Combat Arms Earplugs caused them to suffer hearing damage. The first 3M earplug lawsuits started getting filed in 2019 and new cases are still being filed now.

Now that were are 3+ years into the 3M earplug litigation, one question that is becoming increasingly significant is when will it be too late for veterans with hearing loss to file their own earplug lawsuit? The answer depends on what the applicable statute of limitations is and when it expires.

How Does a Statute of Limitation Work?

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.

Surgimesh is a new type of hernia mesh implant made from non-woven polypropylene microfibers. The use of individual fibers of polypropylene was intended to make the Surgimesh smaller than other hernia mesh products and less prone to biocompatibility problems and other post-surgery complications. The design of the Surgimesh is therefore distinct from the design of many other hernia mesh devices that have generated thousands of product liability lawsuits in recent years (e.g., Ethicon Physiomesh, Atrium C-Qur, etc.).

A recently filed product liability lawsuit in New Mexico alleges that the Surgimesh has the same dangerous design flaws as the other polypropylene hernia mesh implants. This new Surgimesh lawsuit could potentially be the first of many and open a new front in the hernia mesh mass tort ligation.

About Surgimesh

New research has revealed that cow-milk infant formulas can increase the risk of a deadly neonatal condition called necrotizing enterocolitis (NEC) in premature infants.

This has prompted a growing number of lawsuits against the manufacturers of infant formulas Similac (Abbott Laboratories) and Enfamil (Mead Johnson) by parents of premature infants who were fed with formula and developed NEC. The lawsuits allege that Abbott and Mead negligently failed to warn parents and doctors about the NEC risk their products posed for preemies.

There are currently around 60 NEC infant formula lawsuits pending in both state and federal courts around the country, but hundreds and possibly thousands more are expected to be filed in the near future. This has prompted both Abbott and Mead to request that all NEC lawsuits in federal courts be consolidated into a new MDL. In this post, we will look at the MDL requests and speculate on the most likely venue and what it might mean for the NEC litigation moving forward.

Knee replacement and knee implant lawsuits allege that devices loosened or did not last as long as they should.  Zimmer faced over 15,000 Biomet lawsuits over its NexGen implant. DePuy Synthes Attune Knee implant lawsuits were also a big thing.  Now Exactech recall lawsuits will be getting filed in massive numbers in 2022 after a big recall.

There have been a lot of questions about hip and knee replacements in recent years. DePuy, Exactech, Stryker, and Zimmer have had – to put it mildly – concerns raised about their products. These companies would argue that the problems are mostly with patients who are having bad outcomes and blaming the insurance companies.

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The case of Crawford v. Abbott Laboratories, Inc. is one of the most recent examples of an NEC infant formula lawsuit. The plaintiff, Candace Crawford, brought the case on behalf of her deceased infant ZaRiyah Crawford. The Complaint was filed against both Abbott Laboratories, Inc. and Mead Johnson Nutrition in the U.S. District Court for the Southern District of Florida.

Baby ZaRiyah was born prematurely (34 weeks gestation age) at North Florida Regional Medical Center on December 2, 2019. ZaRiyah had a birthweight of just 3 pounds and 14 ounces, making rapid weight gain very important to her health. After her birth, ZaRiyah was sent to the NICU.

For the first 3 days at the NICU, Baby ZaRiyah was fed with her mother’s pumped breast milk combined with donor human breast milk. After these first 3 days, however, ZaRiyah was fed with a combination of human breast milk supplemented with Enfamil and Similac cow-milk based formulas.

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