“Mass Torts Focus” – February 27, 2023
(“Mass Torts Focus” is a weekly blog on mass torts news and developments. Includes comprehensive listing of product liability (mass torts) MDL dockets currently pending. Published Monday of each week except on federal holidays. Then on Tuesday. For blog archives, click here.)

Paragard Lawsuits Involving IUD Breakage to Be Selected for Bellwether Trials
In a case management order issued on February 22, Judge Leigh M. May, presiding over the MDL Paragard IUD litigation in the Northern District of Georgia, said that the parties could now begin the process of selecting an initial bellwether case pool consisting of 10 Paragard lawsuits involving IUD breakage allegations (MDL #2974).

The Paragard IUD is a small plastic device wrapped in copper, placed in the uterus to provide women long-acting protection against pregnancy for up to ten years.

The latest data (current as of Feb 16, 2023) from the Judicial Panel on Multidistrict Litigation indicates that upwards of 1700 lawsuits have been filed throughout the federal court system, alleging that women experienced Paragard IUD breakage as doctors attempted to remove the device, often resulting in the need for emergency surgery to retrieve pieces of the IUD.

Following finalization of the bellwether pool, as per Judge May’s order, each of the cases will go through additional discovery, including depositions of the plaintiffs and their spouses, as well as medical providers and other fact witnesses.

In August 2023, the parties will meet and confer to strike cases from the 10 bellwether pool, until six claims remain. The opposing parties will then each select one case, and the court will select a third. The three cases will be eligible for their first trial date in March 2024.

Each of the claims raises similar allegations — that the manufacturer sold a defective and unreasonably dangerous birth control implant that was prone to breakage. The original manufacturer of the device, Teva Pharmaceuticals, sold the rights to CooperSurgical Inc. in 2017.

The outcome of the upcoming Paragard bellwether trials will not have any binding impact on the many other cases currently pending. But the trials can be expected to have a large impact on settlement negotiations, which if successful would avoid the need for remanding the remaining cases back to the courts where they were originally filed.

If plaintiffs prevail in some or all of the bellwether trials, it will place added pressure on defendant to reach a settlement that would avoid further litigation.

Philips CPAP Recall: Related MDRs Top 98K, Including 346 Deaths
The U.S. Food & Drug Administration has recently reported that it has received more than 98,000 medical device reports (MDRs ) related to machines named in its  Philips CPAP recalls from June 2021 through October 2022. Between April 2021 and Dec. 31, 2022, the agency says, there have reportedly been 346 deaths related to the sleep apnea devices.

The MDRs include adverse effects from exposure to volatile organic compounds in the CPAP sound abatement foam. Reported side effects were asthma, breathing difficulty, cancer, chest pain, cough, dizziness, headache, infection, and pneumonia.  

Responding to the FDA medical device report, Philips released a statement contending that sound abatement foam in the devices was “unlikely to result in an appreciable harm to health in patients.” Philips also asserted that the volatile organic compounds released from the foam produced “no appreciable harm to health.”

The Philips CPAP recall litigation is currently in consolidated MDL pretrial proceedings before Judge Joy F. Conti in the Western District of Pennsylvania (MDL #3014).  There were (as of Feb. 24) 448 cases currently pending in the consolidated litigation. Additional cases, not part of the federal MDL, are pending in state courts.

The FDA report is a likely indication that many more CPAP suits will be filed in the period ahead.
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“Mass Torts Focus” Top Ten
(Top Ten will appear each week. It is updated monthly).

In terms of cases pending in JPML consolidated dockets, products liability (mass tort) litigation dominates the list.

Here are the 10 largest MDLs by total cases pending as of Feb. 16, 2023. The 3M combat arms earplug litigation far outpaces the rest with 265.1K pending actions. The top ten, including number of cases pending in each, are:

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Recent Products Liability Consolidation Rulings by JPML
(A weekly feature of “Mass Torts Focus.” Updated when new JPML rulings are issued. The next update will likely not occur until around mid-April when the panel issues rulings on its upcoming March 30 hearings.)

MDL #3060, IN RE: Hair Relaxer Sales Practices and Products Liability Litigation.
     Issue: Defendants’ hair relaxer products alleged to contain endocrine-disrupting chemicals that can cause an increased risk of developing uterine, ovarian, or breast cancer, or other injuries to the reproductive system.
     Transfer granted 2/6/23 to Judge Mary M. Rowland in the Northern District of Illinois.

MDL #3051, IN RE: Chrysler & GM ARC Airbag Inflators Products Liability Litigation
   Issue: ARC airbag inflators alleged to have a defect that can cause them to rupture, dispersing shrapnel, and injuring or killing vehicle occupants.
   Transfer granted 12/15/22, to Judge Eleanor L. Ross in the Northern District of Georgia.

MDL #3050, IN RE: Chantix (Varenicline) Product Liability & Sales Practices Litigation
   Issue: Plaintiffs claim they purchased or ingested smoking cessation Chantix containing a probable human carcinogen and, as a result, suffered economic losses and require medical monitoring.
   Transfer granted 12/22/22, to Judge Katherine Polk Failla in the Southern District of New York.

MDL #3047, IN RE: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation
   Issue: Allegation that Facebook and other social media platforms are defective because they are designed to maximize user screen time, which can encourage addictive behavior in adolescents.
   Transfer granted 10/6/22, to Judge Yvonne Gonzalez Rogers in the Northern District of California.

MDL #3044, IN RE: Exactech Polyethylene Orthopedic Products Liability Litigation
   Issue: Plaintiffs allege that their knee or hip replacement devices failed prematurely because of degradation of the device’s polyethylene component, which resulted in the premature removal of the prosthesis at issue.
   Transfer granted 10/7/22, to Judge Nicholas G. Garaufis in the Eastern District of New York.

MDL #3043. IN RE: Acetaminophen (Tylenol) Autism/ADHD Products Liability Litigation
   Issue: Plaintiffs allege that they used over-the-counter generic acetaminophen products (Tylenol) while pregnant and, as a result of prenatal exposure to acetaminophen, their children developed autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), or both.
   Transfer granted 10/5/22, to Judge Denise L. Cote in the Southern District of New York.

MDL #3040, IN RE: Chrysler Pacifica Fire Recall Products Liability Litigation
   Issue: Allegation that Chrysler Pacifica Plug-In Hybrid Electric Vehicles (model years 2017 and 2018) have a defect that makes them prone to fire and explosion and that the manufacturer’s voluntary recall notice issued on February 11, 2022, was inadequate.
    Transfer granted 8/3/22, to Judge David M. Lawson in the Eastern District of Michigan.

MDL #3036, IN RE: Gardasil Products Liability Litigation
   Issue: Plaintiffs allege that their minor children developed postural orthostatic tachycardia syndrome (POTS) and various other injuries as the result of an autoimmune reaction to the Gardasil vaccine, which is recommended for the prevention of certain strains of the human papillomavirus (HPV) and various cancers.
   Transfer granted 8/4/22, to Judge Robert J. Conrad Jr. in the Western District of North Carolina.

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Product Liability (Mass Torts) MDL Pending Dockets
(This listing gives product liability federal MDL pending (active) dockets from 2012 to present, listed from oldest to most recent. Updated monthly. Last update: Feb 16, 2023)

MDL #2331, IN RE: Propecia Products Liability Litigation.
   Judge/Court: Cogan, Brian M., Eastern District of New York.
   Master Docket: 12-md-2331. Date Transferred: 04/16/2012.
MDL #2428, IN RE: Fresenius GranuFlo/NaturaLyte Dialysate Litigation.
   Judge/Court: Woodlock, Douglas P., District of Massachusetts.
   Master Docket: 13-md-2428. Date Transferred: 03/29/2013.
MDL #2441, IN RE: Stryker Rejuvenate/ABG II Hip Implant Litigation.
   Judge/Court: Frank, Donovan W., District of Minnesota.
   Master Docket: 13-md-2441. Date Transferred: 06/12/2013.
MDL #2545, IN RE: Testosterone Replacement Therapy Litigation.
   Judge/Court: Kennelly, Matthew F., Northern District of Illinois.
   Master Docket: 14-cv-1748. Date Transferred: 06/06/2014.
MDL #2570, IN RE: Cook Medical IVC Filters Litigation.
   Judge/Court: Young, Richard L., Southern District of Indiana.
   Master Docket: 14-ml-2570. Date Transferred: 10/15/2014.
MDL #2592, IN RE: Xarelto (Rivaroxaban) Products Liability Litigation.
   Judge/Court: Fallon, Eldon E., Eastern District of Louisiana.
   Master Docket: 14-md-2592. Date Transferred: 12/12/2014.
MDL #2599, IN RE: Takata Airbag Products Liability Litigation.
   Judge/Court: Moreno, Federico A., Southern District of Florida.
   Master Docket: 15-md-2599. Date Transferred: 02/05/2015.
MDL #2641, IN RE: Bard IVC Filters Products Liability Litigation.
   Judge/Court: Campbell, David G., District of Arizona.
   Master Docket: 15-md-2641. Date Transferred: 08/17/2015.
MDL #2642, IN RE: Fluoroquinolone Products Liability Litigation.
   Judge/Court: Tunheim, John R., District of Minnesota.
   Master Docket: 15-md-2642. Date Transferred: 08/17/2015.
MDL #2666, IN RE: Bair Hugger Forced Air Warming Devices Litigation.
   Judge/Court: Ericksen, Joan N., District of Minnesota.
   Master Docket: 15-md-2666. Date Transferred: 12/11/2015.
MDL #2672, IN RE: Volkswagen “Clean Diesel” Litigation.
Judge/Court: Breyer, Charles R., Northern District of California.
   Master Docket: 15-md-2672. Date Transferred: 12/08/2015.
MDL #2738, IN RE: Johnson & Johnson Talcum Powder Litigation.
   Judge/Court: Shipp, Michael A., District of New Jersey.
   Master Docket: 16-md-2738. Date Transferred: 10/04/2016.
MDL #2740, IN RE: Taxotere (Docetaxel) Products Liability Litigation.
   Judge/Court: Milazzo, Jane Triche, Eastern District of Louisiana.
   Master Docket: 16-md-2740. Date Transferred: 10/04/2016.
MDL #2741, IN RE: Roundup Products Liability Litigation.
   Judge/Court: Chhabria, Vince, Northern District of California.
   Master Docket: 16-md-2741. Date Transferred: 10/03/2016.
MDL #2750, IN RE: Invokana (Canagliflozin) Products Liability Litigation.
   Judge/Court: Martinotti, Brian R., District of New Jersey.
   Master Docket: 16-md-2750. Date Transferred: 12/07/2016.
MDL #2753, IN RE: Atrium Medical Corp. C-Qur Mesh Litigation.
   Judge/Court: McCafferty, Landya B., District of New Hampshire.
   Master Docket: 16-md-2753. Date Transferred: 12/08/2016.
MDL #2768, IN RE: Stryker LFIT V40 Femoral Head Litigation.
   Judge/Court: Talwani, Indira, District of Massachusetts.
   Master Docket: 17-md-2768. Date Transferred: 04/05/2017.
MDL #2775, IN RE: Smith & Nephew Hip Resurfacing/Hip Implant Litigation.
   Judge/Court: Blake, Catherine C., District of Maryland.
   Master Docket: 17-md-2775. Date Transferred: 04/05/2017.
MDL #2777, IN RE: Chrysler-Dodge-Jeep EcoDiesel Litigation.
   Judge/Court: Chen, Edward M., Northern District of California.
   Master Docket: 17-md-2777. Date Transferred: 04/05/2017.
MDL #2782, IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh.
   Judge/Court: Story, Richard W., Northern District of Georgia.
   Master Docket: 17-md-2782. Date Transferred: 06/02/2017.
MDL #2789, IN RE: Proton-Pump Inhibitor Products Liability Litigation.
   Judge/Court: Cecchi, Claire C., District of New Jersey.
   Master Docket: 17-md-2789. Date Transferred: 08/02/2017.
MDL #2814, IN RE: Ford Motor Power Shift Transmission Litigation.
   Judge/Court: Birotte, Andre, Central District of California.
   Master Docket: 18-ml-2814. Date Transferred: 02/02/2018.
MDL #2816, IN RE: Sorin 3T Heater-Cooler System Litigation.
   Judge/Court: Conner, Christopher C., Middle District of Pennsylvania.
   Master Docket: 18-md-2816. Date Transferred: 02/01/2018.
MDL #2841, IN RE: MONAT Hair Care Products Litigation.
   Judge/Court: Gayles, Darrin P., Southern District of Florida.
   Master Docket: 18-md-2841. Date Transferred: 06/06/2018.
MDL #2846, IN RE: Davol/C.R. Bard Polypropylene Hernia Mesh Litigation.
   Judge/Court: Sargus, Edmund A., Southern District of Ohio.
   Master Docket: 18-md-2846. Date Transferred: 08/02/2018.
MDL #2848, IN RE: Zostavax (Zoster Vaccine Live) Litigation.
   Judge/Court: Bartle, Harvey, Eastern District of Pennsylvania.
   Master Docket: 18-md-2848. Date Transferred: 08/02/2018.
MDL #2859, IN RE: Zimmer M/L Taper Hip Prosthesis Litigation.
   Judge/Court: Crotty, Paul A., Southern District of New York.
   Master Docket: 18-md-2859. Date Transferred: 10/03/2018.
MDL #2873, IN RE: Firefighting Aqueous Film-Forming Foams Litigation.
   Judge/Court: Gergel, Richard M., District of South Carolina.
   Master Docket: 18-mn-2873. Date Transferred: 12/07/2018.
MDL #2875, IN RE: Valsartan, Losartan and Irbesartan Litigation.
   Judge/Court: Kugler, Robert B., District of New Jersey.
   Master Docket: 19-md-2875. Date Transferred: 02/14/2019.
MDL #2885, IN RE: 3M Combat Arms Earplug Products Liability Litigation.
   Judge/Court: Rodgers, M. Casey, Northern District of Florida.
   Master Docket: 19-md-2885. Date Transferred: 04/03/2019.
MDL #2903, IN RE: Fisher-Price Rock ‘n Play Sleeper Litigation.
   Judge/Court: Crawford, Geoffrey W., Western District of New York.
   Master Docket: 19-md-2903. Date Transferred: 08/01/2019.
MDL #2905, IN RE: ZF-TRW Airbag Control Units Litigation.
   Judge/Court: Kronstadt, John A., Central District of California.
   Master Docket: 19-ml-2905. Date Transferred: 08/07/2019.
MDL #2913, IN RE: Juul Labs Inc. Products Liability Litigation.
   Judge/Court: Orrick, William H., Northern District of California.
   Master Docket: 19-md-2913. Date Transferred: 10/02/2019.
MDL #2921, IN RE: Allergan Biocell Textured Breast Implant Litigation.
   Judge/Court: Martinotti, Brian R., District of New Jersey.
   Master Docket: 19-md-2921. Date Transferred: 12/18/2019.
MDL #2924, IN RE: Zantac (Ranitidine) Products Liability Litigation.
   Judge/Court: Rosenberg, Robin L., Southern District of Florida.
   Master Docket: 20-md-2924. Date Transferred: 02/06/2020.
MDL #2936, IN RE: Smitty’s/CAM2 Tractor Hydraulic Fluid Litigation.
   Judge/Court: Bough, Stephen R., Western District of Missouri.
   Master Docket: 20-md-2936. Date Transferred: 06/02/2020.
MDL #2938, IN RE: Evenflo Company Products Liability Litigation.
   Judge/Court: Casper, Denise J., District of Massachusetts.
   Master Docket: 20-md-2938. Date Transferred: 06/02/2020.
MDL #2949, IN RE: Profemur Hip Implant Products Liability Litigation.
   Judge/Court: Baker, Kristine G., Eastern District of Arkansas.
   Master Docket: 20-md-2949, Date Transferred: 08/07/2020.
MDL #2973, IN RE: Elmiron Vision Loss Litigation.
   Judge/Court: Martinotti, Brian R., District of New Jersey.
   Master Docket: 20-md-2973. Date Transferred: 12/15/2020.
MDL #2974, IN RE: Paragard IUD Products Liability Litigation.
   Judge/Court: May, Leigh Martin, Northern District of Georgia.
   Master Docket: 20-md-2974. Date Transferred: 12/16/2020.
MDL #3004, IN RE: Paraquat Products Liability Litigation.
   Judge/Court: Rosenstengel, Nancy J., Southern District of Illinois.
   Master Docket: 21-md-3004. Date Transferred: 06/07/2021.
MDL #3006, IN RE: Tasigna (Nilotinib) Products Liability Litigation.
   Judge/Court: Dalton, Roy B., Middle District of Florida.
   Master Docket: 21-md-3006. Date Transferred: 08/10/2021.
MDL #3009, IN RE: Seresto Flea and Tick Collar Litigation.
   Judge/Court: Blakey, John Robert, Northern District of Illinois.
   Master Docket: 21-cv-4447. Date Transferred: 08/11/2021.
MDL #3014, IN RE: Philips Recalled CPAP and Mechanical Ventilator Litigation.
   Judge/Court: Conti, Joy Flowers, Western District of Pennsylvania.
   Master Docket: 21-mc-1230. Date Transferred: 10/08/2021.
MDL #3015, IN RE: Johnson & Johnson Sunscreen Products Liability.
   Judge/Court: Singhal, Raag, Southern District of Florida.
   Master Docket: 21-md-3015. Date Transferred: 10/08/2021.
MDL #3023, IN RE: Taxotere Eye Injury Products Liability Litigation.
   Judge/Court: Milazzo, Jane Triche, Eastern District of Louisiana.
   Master Docket: 22-md-3023. Date Transferred: 02/01/2022.
MDL #3026. IN RE: Similac or Enfamil Preterm Infant Nutrition Litigation.
Judge/Court: Pallmeyer, Rebecca R., Northern District of Illinois.
   Master Docket: 22-cv-71. Date Transferred: 4/8/2022.
MDL #3029, IN RE: Covidien Hernia Mesh Products Litigation.
   Judge/Court: Saris, Patty B., District of Massachusetts.
   Master Docket: 22-md-3029. Date Transferred: 6/6/2022.
MDL #3036, IN RE: Gardasil Products Liability Litigation.
   Judge/Court: Conrad, Robert J., Jr., Western District of North Carolina.
   Master Docket: 22-md-3036. Date Transferred: 8/4/22.
MDL #3037, IN RE: Recalled Abbott Infant Formula Products Litigation.
   Judge/Court: Kennelly, Matthew F., Northern District of Illinois.
   Master Docket: 22-cv-4148. Date Transferred: 8/5/22.
MDL #3040, IN RE: Chrysler Pacifica Fire Recall Products Liability Litigation.
   Judge/Court: Lawson, David M., Eastern District of Michigan.
   Master Docket: 22-md-3040. Date Transferred: 8/3/22.
MDL #3043, IN RE Acetaminophen (Tylenol) Autism/ADHD Products Litigation.
   Judge/Court: Cote, Denise L., Southern District of New York.
   Master Docket: 22-md-3043. Date Transferred: 10/5/22.
MDL #3044, IN RE Exactech Polyethylene Orthopedic Products Litigation.
   Judge/Court: Garaufis, Nicholas G., Eastern District of New York.
   Master Docket: 22-md-3044. Date Transferred: 10/7/22.
MDL #3047, IN RE Social Media Adolescent Addiction/Personal Injury Litigation.
   Judge/Court: Rogers, Yvonne G., Northern District of California.
   Master Docket: 22-md-3047. Date Transferred: 10/6/22.
MDL #5050, IN RE Chantex Products Liability Litigation.
   Judge/Court: Failla, Katherine P., Southern District of New York.
   Master Docket: 22-md-3050. Date Tranferred: 12/22/22.
MDL #3051, IN RE ARC Airbag Inflators Products Liability Litigation.
   Judge/Court: Ross, Eleanor L., Northern District of Georgia.
   Master Docket: 22-md-3051. Date Transferred: 12/15/22.
MDL #3060, IN Hair Relaxer Products Liability Litigation.
   Judge/Court: Roland, Mary M. Northern District of Illinois.
   Master Docket: TBD. Date Transferred: 2/6/23.

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