Mass Torts

February 11, 2022

Infant Formula Manufacturers Request MDL for NEC Lawsuits

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.

February 7, 2022

Knee Replacement and Implant Lawsuits

by Ronald V. Miller, Jr.

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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February 4, 2022

Camp Lejeune Soft Tissue Cancer Lawsuits

by Ronald V. Miller, Jr.

Our lawyers are currently seeking individuals eligible to bring a Camp Lejeune cancer lawsuit involving soft tissue cancer. Anyone who worked or lived at Camp Lejeune before 1988 and was later diagnosed with soft tissue cancer can bring a case and seek compensation.

Soft tissue cancer is considered a Tier III injury in Camp Lejeune cases. This means there is some evidence indicating that it is connected to Camp Lejeune but there may be a battle in court as to whether there is sufficient causation evidence.

If you have a potential Camp Lejeune soft tissue cancer lawsuit, contact us today for fee case evaluation.

January 4, 2022

Example of Recent Enfamil NEC Lawsuit

by Ronald V. Miller, Jr.

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.

December 30, 2021

Shampoo & Conditioner Benzene Recall

by Ronald V. Miller, Jr.

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.

October 22, 2021

Judge Balks at Motion to Dismiss in Paraguard IUD Lawsuits

by Ronald V. Miller, Jr.

This week the MDL Judge in the Paragard IUD lawsuits will consider a motion to dismiss filed by the manufacturers of the defective birth control device. The Paragard MDL now has 550 individual cases by plaintiffs who claim that their Paragard IUD had a defect causing it to fracture during removal and leave broken pieces inside their uterus. Last month, the defendants in the Paragard lawsuits filed a motion to dismiss on the grounds that the plaintiffs’ failure to warn claims were preempted under federal law.

The MDL is currently balking at ruling on this motion and based on comments made at the motion hearing and subsequent proceedings in the MDL it seems highly unlikely that she intends to grant the motion. Instead, the MDL judge seems much more interested in getting the first bellwether trials scheduled.

Paragard Lawsuits Backstory

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.