Articles Posted in Product Liability

This is a September 8, 2021 update on the ongoing hernia mesh trial against C.R. Bard.

[September 9, 2021 Update: Mr. Johns’ hernia mesh lawsuit against Bard ended yesterday with a defense verdict after a short jury deliberation.  It is tough blow.  Our lawyers will update this page later today with more details and our take on what this means for future settlements in the hernia mesh lawsuits.]

Hernia Mesh Verdict on September 8th

Bayer will pull Round-Up off the market in January 2023.  This post is about how this will impact the settlement amounts in future Roundup lawsuits that are not in the initial settlement.

Ever since its acquisition of Monsanto back in 2016, Bayer has been besieged by a growing tide of Roundup lawsuits. The lawsuits allege that prolonged exposure to the active ingredient in Roundup, glyphosate, can cause cancer. Bayer has steadfastly defended the safety of its iconic weed killer product. But last week the company made a drastic shift when it announced that glyphosate-based Roundup will be pulled from the retail market starting January 2023.

Roundup-242x300Why leave the product on the market for another year?  It is hard to defend.  Bayer seems to desperately not want to make it seems like a recall.  I’m-not-actually-doing-this-thing-that-I’m-it-seems-like-I’m-doing.

Last month, medical device company Philips drew national attention from the plaintiffs’ bar when it recalled over 3 million sleep apnea CPAP machines based on serious health concerns. Philips instructed users to immediately stop using the recalled devices because they could be causing them to inhale toxic chemicals.

The nature and circumstances of the recall have plaintiffs’ speculating on whether former users of the recalled devices will have viable claims in a CPAP product liability lawsuit. The success of future CPAP recall lawsuits will depend on 2 factors: (1) the extent of Philip’s liability which will be driven by what they knew and when; and (2) the scientific evidence linking the defect in the CPAP devices to specific health consequences. In this post, I focus specifically on the first factor – what did Philips know and when?

Philips Knew or Should Have Known About the CPAP Defects

May 28, 2021 Update:  The jury came back with a defense verdict for the 3M today.  It is a tough blow for lawyers like me hoped 3M earplug victims would win every single one of these trials. The evidence seems overwhelming.  But, certainly, there will be cases where the victims cannot prove 3M’s negligence caused their injuries.  I don’t believe this loss changes settlement amounts of the 3m earplug lawsuits.  

3M is currently facing over 220,000 individual lawsuits by former military veterans who claim that they suffered hearing damage because of defects in 3M’s earplugs. These cases have been consolidated into a class action MDL in the Northern District of Florida. In an MDL, similar cases are consolidated for purposes of discovery. Once discovery is completed, a few individual test cases are selected for “bellwether” trials.

The results of the bellwether trials are critically important because they usually dictate the terms of a global class settlement. So far, the bellwether trials in the 3M earplugs MDL have gone extremely well for the plaintiffs. Earlier this month the first bellwether trial took place in the Federal courthouse in Sarasota. The case involved the claims of 3 individual plaintiffs, all former military servicemen in their 40s. After a lengthy trial, the jury awarded $7.1 million in total damages with each plaintiff getting around $2.5 million.

3M earplug hearing loss victims have been searching the Internet looking for what the $7.1 million earplug verdict means to their lawsuit. Our lawyers are reviewing these cases all over the country in every state.

At the end of this post, we will ask you to contact us to get your case started if you have not filed one already. First, let’s talk about this verdict and what it means to you.

The 3M Earplug Verdict on Friday