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Over 40,000 Roundup Lawsuit Claims Still Unresolved

May 4, 2021 — The multidistrict litigation (MDL) handling the lawsuits against Bayer Monsanto Roundup is teeming with over 40,000 unresolved claims that plaintiffs have developed non-Hodgkins lymphoma after exposure to the herbicide.  In re: Bayer Roundup Products Liability Litigation is seeing more plaintiffs decide to take their cases to trial because Bayer’s settlement offers are insufficient in providing the fair compensation they deserve.  Additionally, the Big Pharma company is falling under fire for its proposed settlement framework.  Roundup Lawsuit Attorneys charge that there is not clear guidance within the framework making it especially confusing and unreliable which results in particularly harsh treatment to the vulnerable who are suffering from the brutal fallout from cancer. Recently, Roundup Lawsuit lawyers have filed motions for clients with non-Hodgkins lymphoma looking to throw out a proposed settlement to the MDL, which would allow Roundup maker Bayer AG to continue selling the herbicide and protect it from future cancer lawsuits.  Instead of resolving all the lawsuits together, the settlement allows Bayer’s lawyers to negotiate individually with each law firm. So far, the juries of three different Roundup trials have delivered multimillion-dollar verdicts against Bayer AG. Reference:  “More than 40,000 Cancer Claims Remain Unresolved from Proposed Bayer Monsanto Roundup Weed Killer Lawsuit Settlement.” PR Newswire, Cision, 26 Apr. 2021, www.prnewswire.com/news-releases/more-than-40-000-cancer-claims-remain-unresolved-from-proposed-bayer-monsanto-roundup-weed-killer-lawsuit-settlement-301276971.html.

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3M Plaintiffs Win $7.1 Million In First Trial

May 3, 2021 — As more than 230,000 veterans, current service members, and more users of 3M earplugs have filed claims stating that the earplugs have caused them significant hearing loss rather than protecting them from it, the verdict of the first 3M lawsuit to go to trial was highly anticipated.  The bellwether trial consolidated the lawsuits of three veterans and lasted for five weeks in the U.S. District Court in Pensacola, Florida under Judge M. Casey Rodgers.  On April 30, 2021, a federal jury found that 3M Co. failed to warn about defects in its product and awarded the veterans $7.1 million. Each veteran received $2.1 million in punitive damages and the veterans’ individual awards were $340,000, $320,000, and $160,000. A 3M spokeswoman stated that the company is in disagreement with the verdict, saying that the plaintiffs did not meet the burden of proving the “product was defectively or negligently designed.” She also informed that the company will consider “multiple grounds for appeal.” Attorneys for the veterans were just as confident, stating, “The evidence is clear: 3M knew their earplugs were defective, yet they allowed our service members to suffer these life-altering injuries.” The next bellwether trial begins May 17. Reference: Randazzo, Sara. 3M Loses First Trial Over Military Earplugs. 30 Apr. 2021, www.wsj.com/articles/3m-loses-first-trial-over-military-earplugs-11619809398.

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| Read Time: < 1 minute | Defective Medical Devices

Paragard Faces Lawsuits for Misinforming Patients of IUD Risks

Paragard is facing a growing number of lawsuits related to its IUD. In 2019, the U.S. F.D.A. informed the pharmaceutical company that its advertising was misleading and did not accurately inform patients of side effects. Multiple women have filed lawsuits against Paragard for not informing them of potential health issues, including: Uterine perforation, Ectopic pregnancy, and Pelvic inflammatory disease. Many of these lawsuits were consolidated into multidistrict litigation in 2020. Source: Legal Examiner

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Hernia Mesh Lawsuits Resume As COVID-19 Restrictions Loosen

As COVID-19 restrictions begin to ease, court is resuming. Hernia mesh lawsuits against Bard, Ethicon, Atrium, and Covidien are moving forward in courts across the country. The lawsuits are focused on multiple product lines, including: Bard’s PerFix, 3DMax, Marlex, Kugel, Composix, Ventralex, Ventrio, Sepramesh, and Ventralight; Ethicon’s Proceed and Prolene; Atrium’s C-Qur; and  Covidien’s Parietex and Gore-Tex. Although the products and claims vary, progress in these cases will be telling for future hernia mesh lawsuits. Source: The National Law Review

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Hundred of Cases Pending Against Drug After FDA Removes Box Warning

Although the FDA removed an amputation warning on Invokana’s box in 2020, the drug is still subject to active litigation. Although the amputation risk while taking the diabetes drug is lower than scientists initially thought, Invokana can still pose serious risks of developing Fournier’s Gangrene. Between 2013 and 2019, 21 cases of FG were reported among Invokana users. However, hundreds of Invokana-related lawsuits are pending in courts across the country. Source: Consumer Safety

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Paragard Facing Lawsuits Over IUD Breaking Apart Inside Patients

More than 3,000 women have filed lawsuits against Paragard over their IUD. Many of the complaints detail the contraceptive breaking apart inside the woman’s uterus, resulting in the need for surgery and causing other complications. The F.D.A. has collected voluntary reports from Paragard IUD users since 2013. Their database shows that: 3,186 women reported broken devices, 1,910 of those reports resulted in “serious” complications, and More than 100 of those complications required hospitalization. While awaiting settlement, the plaintiffs are speaking out on social media about their experiences with the IUD.   Source: WJLA

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Pretrial Orders

March 6, 2021 – There have been many pretrial orders entered over the past few months in the Zantac/Ranitidine Multi-District Litigation (MDL) as referenced below. This list will continue to be amended as new orders are entered. The orders can also be found here:  https://www.flsd.uscourts.gov/zantac. March 2021  March 5:  Zantac Lawsuit MDL Pretrial Order # 61 – Order on Second Round of Motions to Dismiss  February 2021  February 25:  Zantac Lawsuit MDL Pretrial Order # 60 – Generic Manufacturer Defendant Supplemental Discovery Agreement  February 12:  Zantac Lawsuit MDL Pretrial Order # 59 – Ninth Census Implementation Order: Further Timelines for Registry CPF Deficiency Processing and Other Procedures  January 2021  December 2020  December 31:  Zantac Lawsuit MDL Pretrial Order # 58 – Eighth Census Implementation Order: Product Identification Collections for Remaining Filed Plaintiffs and Unfiled Registry Claimants by Retailer and Pharmacy Defendants  December 16:  Zantac Lawsuit MDL Pretrial Order # 57 – Order Regarding Initial Discovery of Distributor Defendants  November 2020  November 23:  Zantac Lawsuit MDL Pretrial Order # 56 – Seventh Census Implementation Order: Deficiency Process for Unfiled Claimants  November 23:  Zantac Lawsuit MDL Pretrial Order # 55 – Sixth Census Implementation Order: Access to Unfiled Claimant Census Plus Forms for Non-Generic Defendants  November 11:  Zantac Lawsuit MDL Pretrial Order # 54 – Deposition Protocol for Defendants’ Witnesses and Third Parties  October 2020  Oct. 21: Zantac Lawsuit MDL Pretrial Order # 53 – Fifth Census Implementation Order: Access to Census Plus Forms and Aggregated Data  Oct. 9: Zantac Lawsuit MDL Pretrial Order # 52 – Procedures for Dismissal of Defendants from the Master Complaints and the Individual Personal Injury Cases   Oct. 9: Zantac Lawsuit MDL Pretrial Order # 51 – Fourth Census Implementation Order: Product Identification Collections for Filed Cases by Retailer and Pharmacy Defendants   Oct. 9: Zantac Lawsuit MDL Pretrial Order # 50 – Third Census Implementation Order: Generic Manufacturer Production of Product Related Information   Oct. 5: Zantac Lawsuit MDL Pretrial Order # 49 – Order on Class Action Discovery Timelines   Oct. 5: Zantac Lawsuit MDL Pretrial Order # 48 – Remote Deposition Guidelines   Oct. 3: Zantac Lawsuit Amended MDL Pretrial Order # 47 – Document Discovery Schedule for Brand Manufacturers   September 2020  Sept. 29: Zantac Lawsuit MDL Pretrial Order # 46 – Order on Production of Defendant Discovery on Other Defendants   Sept. 29: Zantac Lawsuit MDL Pretrial Order # 45 – Order on Service of Discovery Requests and Responses  Sept. 25: Zantac Lawsuit MDL Pretrial Order # 44 – Order Authorizing Use of BrownGreer MDL Centrality Platform for Service of Short Form Complaints   Sept. 25: Zantac Lawsuit MDL Pretrial Order # 43 – Order Setting Forth Service of Process of Short Form Complaints on Generic, Distributor, Repackager, and Retailer Defendants   August 2020  Aug. 29: Zantac Lawsuit MDL Pretrial Order # 42 – Second Census Implementation Order: Temporary Census Plus Form Extension Due to Vendor Data Issue   Aug. 26: Zantac Lawsuit MDL Pretrial Order # 41 – Protocol For In Extremis Depositions   Aug. 18: Zantac Lawsuit MDL Pretrial Order # 40 – Protocol for Modifying Particular Defendants in the Master Complaints   Aug. 18: Zantac Lawsuit MDL Pretrial Order # 39 – Protocol for Voluntarily Dismissing Short-Form or Individual Long-Form Complaints in Their Entirety, for Dismissing Particular Claims, and/or for Dropping Particular Defendants   Aug. 16: Zantac Lawsuit MDL Pretrial Order # 38 – First Census Implementation Order  July 2020  July 31: Zantac Lawsuit MDL Pretrial Order # 37 – Protocol for Common Benefit Work and Expenses   July 30: Zantac Lawsuit MDL Pretrial Order # 36 – Order on Schedule for Rule 12 Motions to Dismiss   July 27: Zantac Lawsuit MDL Pretrial Order # 35 – Order Regarding Core Discovery of Retailer Defendants   July 13: Zantac Lawsuit MDL Pretrial Order # 34 – Order Regarding Initial Discovery of Generic Manufacturers   July 9: Zantac Lawsuit MDL Pretrial Order # 33 – Order Enumerating Additional Responsibilities of Generic Liaison Counsel   June 2020  June 18: Zantac Lawsuit MDL Pretrial Order # 32 – Order Concerning the Discovery Process and Dispute Resolution   June 18: Zantac Lawsuit MDL Pretrial Order # 31 – Procedures for Master Pleadings in Personal Injury Cases   June 18: Zantac Lawsuit MDL Pretrial Order # 30 – Stipulated Discovery and Case Management Schedule   June 11: Zantac Lawsuit MDL Pretrial Order #29 – Protocol for ESI Discovery   June 11: Zantac Lawsuit MDL Pretrial Order #28 – Preservation Order   June 3: Zantac Lawsuit MDL Pretrial Order #27 – Order Regarding Deadline for Filing of Notice of Appearance   June 1: Zantac Lawsuit MDL Pretrial Order #26 – Confidentiality Order   June 1: Zantac Lawsuit MDL Pretrial Order #25 – Protocol for Treatment of Privileged and Work Product Materials   May 2020  May 28: Zantac Lawsuit MDL Pretrial Order #24 – Order Relating to Initial Status Conference   May 27: Zantac Lawsuit MDL Pretrial Order #23 – Order Modifying Census Plus Deadlines   May 22: Zantac Lawsuit MDL Pretrial Order #22 – Order Establishing Defense Leadership Structure   May 14: Zantac Lawsuit MDL Pretrial Order #21 – Order on Applications for Defense Leadership   May 8: Zantac Lawsuit MDL Pretrial Order #20 – Order Appointing Leadership   April 2020  April 28: Zantac Lawsuit MDL Pretrial Order #19 – Order Attaching Amended Appendix A    April 15: Zantac Lawsuit MDL Pretrial Order # 18 – Order on Production of Records for Initial Census for Deceased and Incapacitated Claimants   April 10: Zantac Lawsuit MDL Pretrial Order #17 – Order Appointing Interim Retailer Liaison Counsel   April 3: Zantac Lawsuit MDL Pretrial Order #16 – Order Rescheduling Initial Conference, Establishing April Deliverables Team, and Scheduling Interviews for Leadership Applicants  April 2: Zantac Lawsuit MDL Pretrial Order #15 – Order on Procedures for Implementing Census   March 2020  March 20: Zantac Lawsuit MDL Pretrial Order #14 – Order Authorizing Continuation of Work by Interim Teams   March 20: Zantac Lawsuit MDL Pretrial Order #13 – Stipulated Order Setting Forth Service of Process Procedures on Certain Defendants   March 20: Zantac Lawsuit MDL Pretrial Order #12 – Stipulated Order Appointing Special Master   March 20: Zantac Lawsuit MDL Pretrial Order #11 – Stipulated Order...

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Update On Status Of Generic Ranitidine Manufacturers’ and Retail Distributors’ Motion To Dismiss

March 6, 2021 – The Court has still not ruled on the motion to dismiss made by big-name distributors such as Walgreens and Walmart, but we are watching for the ruling and will update when it comes.  Reference: “United States District Court.” 20-MD-2924-Rosenberg – In Re: Zantac (Ranitidine) Products Liability Litigation | Southern District of Florida | United States District Court, 5 Mar. 2021, www.flsd.uscourts.gov/zantac.

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Court Rules That Plaintiffs’ Cases Against 3M Can Proceed

September 3, 2020 – The recent denial of 3M Company’s attempt to have the courts dismiss litigation from 150,000 veterans suffering hearing loss or tinnitus from faulty earplugs means one of the country’s largest multi-district cases is moving closer to settlement or trial. “It doesn’t mean the plaintiffs win, but it means they can pursue their state tort claims,” said Michael Green, a torts professor and scholar at Wake Forest University School of Law in North Carolina. This is just the latest step in a lengthy dispute between 3M and the government, as well as individuals, stemming from a 2016 whistleblower suit brought by a 3M competitor. It alleged that earplugs manufactured by Aearo Technologies, which 3M acquired in 2008, were faulty and led to hearing impairments for American troops serving in Afghanistan and Iraq between 2003 and 2015. Reference: Smith, Katherine Snow, 3 September 2020, Thousands of Veterans Suing Over 3M Earplugs are Closer to Resolution, accessed 20 October 2020 https://www.legalexaminer.news/health/thousands-of-veterans-suing-over-3m-earplugs-are-closer-to-resolution Thayer, Rose L., 29 April 2020, Judge Unseals Hundreds of Pages of Documents in Veterans’ Lawsuit Against 3M Over Earplugs, accessed 20 October 2020 https://www.stripes.com/news/veterans/judge-unseals-hundreds-of-pages-of-documents-in-veterans-lawsuit-against-3m-over-earplugs-1.627827

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Lawsuits Against Chemical Manufacturers Over Harmful PFAS Continue to Grow

In South Carolina alone, there were more than 950 pending lawsuits against chemical manufacturers in January 2021. A growing number of firefighters are realizing the connection between the aqueous film-forming foams they use to put out gas fires and various health concerns.  Among the claims filed, firefighters report breast cancer, kidney cancer, testicular cancer, and bladder cancer.  Source: Drug Watch

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