Mass Torts

June 5, 2022

Uterine Cancer

Over 60,000 women in the U.S. get diagnosed with uterine cancer every year, making cancer of the uterus the 2^nd 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.

May 31, 2022

Toxic Baby Food Autism Lawsuit Going to Trial

by Ronald V. Miller, Jr.

Last week, a judge in California denied a motion by a group of baby food manufacturers that sought to exclude expert testimony regarding a link between heavy metals in baby foods and the development of autism spectrum disorder and ADHD.

This ruling, in NC v. Han Celestial, et al. (Superior Ct. of Cal., Los Angeles Cnty. – 21STCV22822), could have major implications for future toxic baby food lawsuits and it means we could have the first baby food autism trial this summer.

If you have been waiting on the sidelines waiting to see if what you were hearing about the viability of a baby food autism lawsuit was real, this is a post you want to digest. Because this is the biggest development in the history of the baby food toxic metal litigation.

May 22, 2022

Camp Lejeune Multiple Myeloma Lawsuit

by Ronald V. Miller, Jr.

Our lawyers are handling Camp Lejeune cancer lawsuits in all 50 states. This page is about a particular type of cancer: multiple myeloma at Camp Lejeune. We look at how multiple myeloma is linked to contaminated water and our attorneys speculate about potential settlement amounts for these cancer lawsuits.

From the 1950s thru the late 1980s the water supply at the USMC base, Camp Lejeune in North Carolina was contaminated with alarmingly high levels of chemical solvents that have been linked to cancer. In the years since this was discovered, numerous public health studies have been done to determine what this contamination did to the health of the estimated 1 million people that were exposed to the water at Camp Lejeune.

These studies have identified clear evidence that exposure to the contaminated water at Lejeune caused an increased risk of multiple myeloma and other lymphohematopoietic cancers. Specifically, it is well understood that both benzene and trichloroethylene (TCE) – two toxins that contaminated the water at Camp Lejeune – cause multiple myeloma. There is evidence that another ubiquitous toxin at Camp Lejeune – perchloroethylene (PCE) – may also cause multiple myeloma.

May 17, 2022

Camp Lejeune Brain Cancer Lawsuit

by Ronald V. Miller, Jr.

Our attorneys are handling Camp Lejeune lawsuits in all 50 states. This page focuses on brain cancer at Camp Lejeune. Our lawyers talk about the connection between brain cancer and contaminated water – a connection that was not originally made – and the potential settlement amounts victims and their families may see in these civil lawsuits.

The law Congress passed to allow victims to file a Camp Lejuene lawsuit was to right a wrong. For over three decades, the Camp Lejeune Marine Corps base in North Carolina exposed employees and residents to toxic chemicals in the drinking water. After decades of waiting, a new federal law has given victims of the water contamination at Lejeune the right to bring tort lawsuits and get the compensation they deserve.

The industrial chemicals in the water at Camp Lejeune are known to be human carcinogens and individuals who were exposed to the water for long time periods have displayed higher rates of cancer.

April 18, 2022

2nd Hernia Mesh Bellwether Trial Yields $255k Verdict

by Ronald V. Miller, Jr.

Last week, the 2^nd 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 1^st 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.

March 24, 2022

Will Recall of Pfizer Blood Pressure Drug Lead to Lawsuits?

by Ronald V. Miller, Jr.

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).

March 17, 2022

When Will it Be Too Late to File a 3M Earplug Lawsuit?

by Ronald V. Miller, Jr.

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?

March 16, 2022

Formaldehyde Poisoning Lawsuits

by Ronald V. Miller, Jr.

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.

March 14, 2022

Camp Lejeune Settlements

by Ronald V. Miller, Jr.

Understandably, victims want to know how much their Camp Lejeune settlement might be. Any injury victim or wrongful death survivor has this settlement question in any case. But it is even more pronounced here because settlement amounts are a greater mystery. We have a sample size of one for these one-of-a-kind lawsuits.

Some lawyers online post settlement amount projections. Truth be told, most are doing it because they see our law firm doing it. It is a copycat industry. But they do not explain the thinking behind their settlement payout predictions (often because they have no thinking).

This post is about including you in our thinking on settlement amounts and, just as importantly, how we think the government will determine settlement offers. It is a bit of a limb because no one knows how the Camp Lejeune lawsuits will play out. But history typically repeats itself so we will look for patterns and how they might repeat themselves in this context.

March 5, 2022

Surgimesh Hernia Mesh Lawsuits

by Ronald V. Miller, Jr.

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