Articles Posted in Product Liability

There are over 250,000 plaintiffs, mostly military veterans, that have filed a 3M earplug lawsuit against 3M alleging that the company’s Combat Arms earplugs were defective and failed to protect them from hearing damage.

The 3M earplug lawsuits have been consolidated into the largest “class action” MDL in history – the 3M Earplugs MDL in the Northern District of Florida. Our law firm is taking 3M earplug lawsuits in all 50 states and the District of Columbia.

The page provides all the recent updates on the 3M earplug lawsuits.  The last update was on November 29, 2021, at 2:16 p.m.

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?

November 2021 Update:

The discovery of a carcinogenic chemical in the popular heartburn drug Zantac prompted thousands of Zantac lawsuits around the country. The Zantac lawsuits in federal courts have been consolidated into a “class-action” MDL before Judge Robin Rosenberg in the Southern District of Florida.

Today, Judge Rosenberg is meeting with counsel for both sides to hammer out the details for how individual cases will be selected for “bellwether” trials, which are set to begin a little over a year from now. Bellwether cases are expected to be selected based on the type of cancer involved. The outcome of these initial test trials will be critically important in determining whether the Zantac lawsuits get resolved in a global settlement.

Zantac Lawsuits

Lawyers are now jumping on NEC lawsuits that alleged baby formulas made from cow milk, such as Enfamil and Similac, pose a danger to premature infants because they greatly increase the risk of a dangerous infection called necrotizing enterocolitis (NEC).  Our attorneys are going after these potential lawsuits as well because we think they might produce large settlements and verdicts.

Over the last 12 months, numerous product liability lawsuits have been filed against the manufacturer of Similac (Abbott Laboratories, Inc.) and the maker of Enfamil (Mead Johnson Nutrition). These NEC formula lawsuits accuse the defendants of deliberately failing to warn about the risk of NEC.

Mass tort historians, if such a thing exists, will tell you that first cases filed in an eventually successful mass tort end in disaster.  One of the first infant formula NEC lawsuits was Ferry v. Mead Johnson & Co., et al. (3:20-cv-00099) which was filed in Connecticut state court and removed to the U.S. District Court for Connecticut because of diversity jurisdiction.

This is an October 6, 2021 update on the ongoing hernia mesh trial against C.R. Bard.

[November 23, 2021 Update: Mr. Johns’ hernia mesh lawsuit against Bard ended earlier this fall with a defense verdict after a short jury deliberation.  It was a tough blow.  The video below provides our take on what this means for future settlement amounts in the hernia mesh lawsuits.

The MDL class action judge set last week the trial date for January 10, 2022, which will hopefully have a better outcome for the plaintiffs. ]

While Bayer continues to settle large blocks of Roundup lawsuits, another Roundup jury trial is currently underway in California. Following a COVID delay, the trial in the case of plaintiff Donnetta Stephens has now converted to a virtual proceeding, making it one of the first “trials by zoom” in U.S. history.

This post, last updated on October 26, 2021, offers a snapshot of the latest Roundup lawsuit that might really shake up the post-“big settlements” Roundup litigation.

4th Roundup Case Goes to Trial

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.

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.  

  • This is an informative post about the second 3M earplug lawsuit.  But it is not the most recent 3M lawsuit news. You can get the most recent update done on September 27, 2021.

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.

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.