Mass Torts

December 30, 2021

Shampoo & Conditioner Benzene Recall

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.

August 13, 2021

Survey Finding Flaws in MDL System Misses the Mark

by Ronald V. Miller, Jr.

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

March 19, 2021

Average Settlement for Hernia Mesh

by Ronald V. Miller, Jr.

To date, thousands of lawsuits related to defective hernia mesh implants have been filed in courts across the country. These suits claim that defective surgical implant devices were the cause of chronic pain, serious infections, obstructed bowels, perforated abdomen lining, and the development of adhesions. Some plaintiffs’ injuries were severe enough that they needed further surgeries to correct these issues.

Hernia mesh litigation update for 2023
Bard mesh lawsuits and their projected settlement payouts

June 28, 2019

The Opioid Settlement (and what it means to you)

by Ronald V. Miller, Jr.

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:

August 4, 2015

Bair Hugger Infections/Joint Replacement Lawsuits

by Ronald V. Miller, Jr.

3M and one of its subsidiaries, Arizant Healthcare, are facing some heat over their Bair Hugger warming blanket. Lawsuits are starting to be filed, suggesting that the company knew that the use of the Bair Hugger could expose surgical patients to the risk of infection. Patients who underwent surgery for hip or knee replacements are at the greatest risk of infection.

2023 infection litigation: Ezri eye drop suits

The Bair Hugger

The Bair Hugger is a fairly interesting and ingenious device. When under anesthesia, the core body temperature drops a few degrees. While only a minor fluctuation, this drop in body temperature causes bleeding to increase in addition to longer recovery times. To address this, an anesthesiologist developed the Bair Hugger back in the 1980s. The device is a blanket of sorts that wraps around the patient on the operating table, blowing warm air to regulate their body temperature. As a result, a surgical patient’s core temperature can be maintained at exactly 98.6, ensuring minimal bleeding and recovery time.

The device is incredibly popular considering that it sees use in around 90% of all major surgeries. It is estimated that there are around 50,000 Bair Huggers in use around the country, meaning they are somewhat of a mainstay in the modern operating room.

June 4, 2015

No Bifurcation in Androgel Lawsuits, Trials to Proceed

by Ronald V. Miller, Jr.

AbbVie, manufacturer of the drug Androgel, recently asked a federal judge overseeing litigation against them to bifurcate expert discovery and summary judgment in pretrial proceedings. After rejecting the request, the judge then outlined a schedule for bellwether trials to move forward.

AbbVie’s Request

Low T Cases Moving Forward

In the ongoing MDL involving Androgel and other “low T” treatment drugs, AbbVie recently asked Judge Matthew Kennelly to amend the schedule for choosing bellwether cases for trial, specifically noting that they wished to bifurcate expert discovery and summary judgment. Summary judgment would have involved causation and other relevant issues. Judge Kennelly decided that doing so would not be fair and reasonable to both parties, although he extended the general process for choosing bellwether cases. AbbVie is probably pretty happy about this extension considering that they tried to slow down the bellwether trial process before.

While a previous case management order suggested that cases should start going to trial in 2016, Judge Kennelly is now requiring the parties to submit a proposal for the selection process by August 10, 2015. Cases will be divvied up into two categories: 1) blood clot cases involving thromboembolism or deep vein thrombosis and 2) heart attack cases. If all goes to plan, a final bellwether selection should be made by the end of August.

January 6, 2015

Benicar, Azor, and Tribenzor Lawsuits Continue

by Ronald V. Miller, Jr.

Much has been said and written about Benicar and its sprue-like enteropathy side effects, symptoms very much like that of celiac disease. Less has been said about two other Daiichi Sankyo manufactured medications, Azor and Tribenzor, though lawsuits are on the rise.

In November, an Iowa woman and her husband filed suit against the Japanese pharmaceutical company Daiichi Sankyo Inc., claiming that after being prescribed Azor in January 2011, she continued to take the hypertension medication as directed for some time. During this time, the Plaintiff suffered several injuries, including sprue-like enteropathy “with severe, chronic diarrhea resulting in substantial weight loss and malnutrition…” sustaining severe and permanent personal injuries in addition to constant pain and suffering.

This post was written in 2015, but portions have been updated in 2024 to explain the history of the litigation and how it turned out.

April 10, 2014

More Stryker Rejuvenate Hip Replacement Settlements

by Ronald V. Miller, Jr.

Stryker hip settlements are being reached

Settlements are being reached in more Stryker Rejuvenate hip replacement cases filed in New Jersey state court. More resolutions of these cases are likely to be imminent.

The first phase, a group of 10 cases previously selected for early mediation, has resulted in the conclusion of all 10 cases. Additionally, at least two cases from the second phase have resolved. This is a harbinger of broad agreements on the remaining cases, not only for the 950 cases pending in New Jersey state court but also for the cases pending in the MDL class action.

What are the Stryker Claims About?

Stryker Rejuvenate hip systems were removed from the market less than two years after the design was introduced. While originally designed to last 15 to 20 years, they began to fail immediately. So that was the first problem. The second problem is that the Stryker initially did little to try to cure the problem.

What was the complication with this device? Consisting of modular neck-stems with two pieces that fit inside of each other, they were designed to allow the surgeon to customize the length of the femoral component. Traditional hip implants consisted of a single femoral component. So you can see how this was an innovation. Why did it so epically fail? What happened was the rubbing of the neck and stem can release microscopic metal debris into the body as the chromium-cobalt neck rubs against the titanium femoral stem. In simpler terms, the debris is caused by the micromotion of the metal joints rubbing in the artificial hip. That’s not a good sign – or, a good product.
Continue reading

January 2, 2014

SimplyThick Lawsuits | What You Need to Know

by Ronald V. Miller, Jr.

SimplyThick, LLC is facing over 20 different lawsuits from parents of children who have experienced serious injuries or death from the food-thickening agent. These lawsuits claim that the infants were severely ill and/or died after experiencing necrotizing enterocolitis (NEC).

October 11, 2013

Gynecomastia from Risperdal Claims

by Ronald V. Miller, Jr.

Risperdal lawsuits have have mostly been resolved as of 2024 after a global settlement was reached. We have updated this post in 2024 to talk about the Risperdal settlements and are leaving the rest of this post up for informational purposes. Our lawyers are no longer seeking new claims.

2024 Risperdal Litigation Update

The lawsuits were primarily based on allegations that Risperdal, an antipsychotic medication, led to the development of gynecomastia in boys and young men, a condition characterized by the growth of breast tissue.