Landmark Legal Victory: Bayer Monsanto’s $175M Roundup Verdict

Michael S on October 27, 2023

Bayer Monsanto’s Landmark Defeat in Roundup Cancer Case

The legal landscape, characterized by a complex web of laws, regulations, and judicial decisions, can often appear daunting to those outside the profession. Within the realm of lawsuits and mass torts, significant verdicts not only set precedents and sway public opinion but also serve as a testament to the pursuit of justice. A prime example is the recent ruling against Bayer’s Monsanto.

Key Points: 

  • A jury recently mandated that Bayer Monsanto pay $175 million to a Pennsylvania man who attributed his non-Hodgkin’s lymphoma to prolonged exposure to the company’s Roundup weedkiller. 
  • The plaintiff was awarded $25 million in compensatory damages, coupled with an additional $150 million in punitive damages, asserting that two decades of Roundup application in his garden was a causative factor for his cancer. 
  • Prior to this case, Bayer had celebrated a succession of nine consecutive victories in Roundup-related cases. However, a shift in the tide was observed earlier this month when a St. Louis state court jury awarded $1.25 million in damages to another individual attributing his cancer to the weedkiller. 
  • While compensatory damages are intended to provide restitution to the victim, punitive damages act as a deterrent and serve to reprimand the defendant, in this instance, Bayer’s Monsanto. The substantial punitive damages in this case are indicative of the jury’s stance on the company’s liability. 
  • As the legal battles surrounding Roundup persist, each verdict contributes to a broader narrative that shapes future lawsuits, corporate accountability, and informs potential claimants of their rights. 

The recent courtroom setback faced by Bayer in the Roundup case underscores the intricate relationship that exists between corporations and their products. For claimants, such verdicts symbolize hope and affirm that the legal system is a viable avenue for their grievances to be acknowledged and addressed. Conversely, for corporations, they act as stark reminders of their duties and the potential ramifications of their actions. 

In our capacity as legal professionals, it is incumbent upon us to ensure that claimants – the individuals who are at the forefront of these legal confrontations – are adequately informed, empowered, and supported throughout the judicial process. It is vital to recognize that each case number represents a unique human story, encapsulating elements of suffering, hope, and a quest for justice. 

In a world that can often seem dominated by corporate entities and prevailing power structures, verdicts such as the recent one against Bayer Monsanto highlight the potential power that individuals, when supported by a just legal system, can wield. For every claimant, it is a resounding affirmation that their voices are integral, their pain is recognized, and that justice, albeit sometimes elusive, is within reach. 

Recent Advances in PFAS/AFFF Litigation and 3M Earplug Settlements

Michael S on August 30, 2023

Advancements in PFAS/AFFF and 3M Earplug Legal Proceedings

Significant legal developments have transpired in connection with the ongoing PFAS/AFFF litigation and related personal injury claims, indicating progress towards resolving several complex legal disputes. 

Key Points: 

  • Preliminary Settlement Approvals: Courts have granted preliminary approval for two significant settlements involving PFAS/AFFF personal injury claims with major corporations including 3M, Dupont/Chemours/Corteva, and Public Water Systems. 
  • Settlement Scheduling: Judge Gergel has scheduled final approval hearings for the Dupont-related settlement on December 14, 2023, and for the 3M settlement on February 2, 2024, moving the litigation process forward. 
  • 3M Earplug Compensation Agreement: 3M has agreed to a substantial settlement, ranging between $5.5 to $6 billion, to compensate victims who suffered hearing loss or tinnitus due to the company’s defective earplugs, with a payment schedule spanning over five years. 
  • Impact on 3M’s Financial Outlook: The settlements are expected to provide a clearer path for 3M in resolving its extensive PFAS/AFFF personal injury claims, potentially stabilizing the company’s stock price and credit ratings. 
  • Bellwether Trial Program Amendments: Adjustments have been made to the schedule and process for selecting Initial Personal Injury Bellwether Discovery Pool Plaintiffs, with detailed steps outlined for the selection and discovery process leading up to the trials, ensuring a structured approach to these complex cases. 

On August 22, the presiding judge of the Multi-District Litigation (MDL), Judge Gergel, overcame multiple objections to provisionally sanction the settlement proposal between Dupont/Chemours/Corteva and Public Water Systems (PWS). He has scheduled a hearing on December 14, 2023, to consider final approval of this accord. 

In a subsequent move on August 29, Judge Gergel granted preliminary approval to a settlement between 3M and PWS after revisions that addressed concerns raised by state attorney generals. A final judgment on this settlement is anticipated at a hearing slated for February 2, 2024. 

These orders align with Judge Gergel’s prior comments emphasizing the benefits of settlement agreements in judicial efficiency and the protracted timelines for dissenting parties to receive court consideration. 

Additionally, a noteworthy settlement was publicized on August 29, 2023, when 3M agreed to a compensation package valued between $5.5 to $6 billion over a five-year period for plaintiffs affected by the company’s defective earplugs. This settlement follows extensive litigation, including 16 bellwether trials and the dismissal of an Aearo bankruptcy filing deemed to be improperly purposed. Judge Rodgers of the MDL has described the settlement as equitable and has facilitated the publication of details and the administrative roadmap on a dedicated website [https://www.flnd.uscourts.gov/3m-products-liability-litigation-mdl-no-2885], urging involved law firms and claimants to adhere to strict claim submission deadlines. 

This settlement is anticipated to positively affect 3M’s financial outlook by potentially resolving one of its major litigation exposures, thereby providing a clearer trajectory for addressing the multitude of PFAS/AFFF personal injury claims. 

Updates on the 3M PWS Settlement Agreement and further developments regarding 3M, Dupont/Chemours/Corteva, and PFAS/AFFF litigation will continue to be provided. 

LEGAL UPDATE 10.02.23: Revision of Initial Personal Injury Bellwether Trial Schedule 

Judge Gergel has released Case Management Order 26A, which amends the schedule for the selection of Initial Personal Injury Bellwether Discovery Pool Plaintiffs, as initially outlined in CMO 26. The exchange and agreement on the selection of proposed Plaintiffs by the parties are now due by November 14. If consensus is not achieved by November 17, alternative selections will be proposed. 

By December 1, the parties are required to submit a definitive list of selected or proposed cases, complete with a synopsis of injuries and exposure locations. Disputes over plaintiff representation must also be articulated. From these submissions, Judge Gergel will appoint the 28 Initial Personal Injury Bellwether Discovery Pool Plaintiffs. 

The parties are also instructed to confer on the “Personal Injury Tier 1 Discovery” process, aiming to present a unified Discovery Order to the Court by December 1, 2023. This follows the foundational CMO 26, which set forth the parameters for selecting Bellwether Trial Pool Plaintiffs, including specific disease categories and exposure criteria linked to designated military bases. 

Counsel for the Plaintiffs has been tasked with selecting 28 Bellwether Discovery Pool Plaintiffs from specified disease categories, adhering to stringent exposure and claim criteria. 

The last segment of CMO 26 addresses the need for parties to establish a procedure for managing personal injury claims outside the CMO’s scope, a matter that remains pending further legal documentation and clarification. 

An Inquiry into Weight Loss Medications and Legal Responsibilities: A Review of Current Litigation Trends

Michael S on August 14, 2023

A critical analysis of GLP-1 lawsuits for Ozempic & similar drug complications. Understand legal precedents & patient rights. 

Within the dynamic realm of therapeutic interventions for obesity and type 2 diabetes, a novel category of pharmacological agents has garnered attention for their beneficial outcomes and has simultaneously prompted concerns due to their adverse effects. The initiation of legal proceedings has recently been observed as a response to significant health complications attributed to the class of Glucagon-like Peptide-1 (GLP-1) agonist medications, including Ozempic, Wegovy, Mounjaro, and Rybelsus. This discourse seeks to examine the legal ramifications of these litigations, elucidating the accountability of pharmaceutical entities and the entitlements of the consuming populace.

Scrutinizing Legal Allegations Against GLP-1 Medications 

Law firms are actively assembling claims against the purveyors of GLP-1 medications such as Ozempic and Mounjaro, asserting the inadequacy of warnings regarding serious adverse effects, including gastroparesis and intestinal obstruction. Such claims call into question the extent of consumer protection and the responsibilities borne by pharmaceutical corporations. 

The Role of Media in Highlighting Medication Complications

Prominent media channels have brought to light cases of individuals enduring extreme emesis and gastric paralysis subsequent to the off-label employment of GLP-1 medications for the purpose of weight reduction. The burgeoning media coverage has served to enhance public consciousness and may be exerting influence upon legal tactics and consumer perspectives. 

Comprehending Gastroparesis and its Association with GLP-1 Medications 

Gastroparesis, a condition characterized by the delayed gastric emptying, has been posited as a grave potential consequence of GLP-1 medication usage. The medical fraternity emphasizes the need for careful symptom observation, including severe vomiting and abdominal discomfort, which may be indicative of more profound health issues. 

The Inception of Litigation Pertaining to GLP-1 Medication Adverse Effects 

The inaugural legal claim has been lodged by an individual who experienced significant gastrointestinal distress attributed to the usage of Ozempic and Mounjaro, signifying the possibility of enduring detriment. This legal action highlights the significant risks to patients and the ensuing ramifications for pharmaceutical manufacturers. 

Advisory for Patients Manifesting Adverse Symptoms 

Healthcare practitioners advocate for patients receiving GLP-1 medications to be vigilant for symptoms such as nausea and to pursue diagnostic evaluations should such complications present themselves. Timely medical intervention can attenuate the severity of side effects and bolster legal claims. 

  

Implications of the Emerging Litigation on the Pharmaceutical Industry 

The burgeoning litigations represent a pivotal moment in the pharmaceutical industry’s commitment to patient safety. As these legal disputes progress, they are expected to reveal the intricacies associated with medication-induced side effects and potentially establish benchmarks for the manner in which drug producers communicate risks associated with their products to the medical fraternity and the general public. The outcomes of these legal proceedings could catalyze more stringent regulatory protocols and influence prescriptive practices. 

Patients who encounter negative repercussions from these medications are urged to engage with their healthcare providers and seek legal counsel to comprehend their legal recourses and options. The ongoing legal narratives pertaining to GLP-1 medications are likely to contribute significantly to the broader dialogue concerning the equilibrium between innovative treatment modalities and patient welfare—an equilibrium that demands meticulous navigation by all parties involved in healthcare delivery. 

This account provides a neutral and informed perspective on the legal scenarios unfolding in relation to GLP-1 medication usage, endeavoring to maintain public awareness and to aid those potentially impacted in grasping the significance of these developments. 

Paraquat Litigation Progresses Towards Daubert Hearing and Trial Set for October

Michael S on July 31, 2023

Paraquat Litigation Advances: Daubert Hearing and October Trial Insight

The litigation process involving the herbicide Paraquat advances as key procedural hearings are scheduled. Notably, the legal teams involved have concluded their detailed briefings on two significant motions—the Daubert motion and the motion for partial summary judgment. A Daubert hearing, a critical juncture in the proceedings, is slated to commence on August 21, 2023, where expert testimonies will be pivotal. 

Key Points: 

  •  Daubert Hearing and Trial Dates Set: A crucial Daubert hearing for the Paraquat litigation is scheduled to begin on August 21, 2023, with the outcome expected to significantly affect the first bellwether MDL trial due on October 16, 2023. Furthermore, a California state court trial has been rescheduled to January 8, 2024, with pre-trial hearings set for October 10, 2023.  
  • Expert Witness Testimonies: The court has ordered plaintiffs’ expert Dr. Martin Wells to testify and face both direct and cross-examination in the upcoming Daubert hearing, as per Judge Rosenstengl’s July 28th order, which also allows for post-hearing briefs by September 8th. 
  • Precedent Settlement: Syngenta and Chevron, in 2021, settled numerous cases in Illinois and 16 cases in California for $187.5 million, which might indicate the potential strength of the plaintiffs’ cases and could influence future litigation outcomes.  
  • Public Disclosure of Settlement: Details of the previous settlement were made public through Syngenta’s 2021 Annual Report, revealing a strategic move to settle high-profile cases, thereby limiting negative publicity and further large-scale litigations.  
  • Ongoing Litigation Volume: The litigation encompasses a significant number of cases, with 4,384 active cases in the MDL, 298 in California state courts, and additional actions in Pennsylvania, Illinois, Florida, Washington, and Delaware as of July 20, 2023. 

A court filing by the defense on June 9th, the only one not sealed, delineates a strategic stance suggesting that the scientific evidence at hand fails to substantiate the expert causation theories proposed by the plaintiffs. 

Presiding Judge Rosenstengl issued a mandate on July 28th requiring the plaintiffs’ expert witness, Dr. Martin Wells, to provide testimony and undergo examination by the legal representatives of both parties. Additionally, the order permits the submission of post-hearing briefs by both sides, to be filed by September 8th at the latest. 

The rulings on these motions will have a direct influence on the inaugural bellwether trial of the Multidistrict Litigation (MDL), which is on the court’s docket for October 16, 2023. 

The first state court trial in California, initially scheduled for September 6th, has been postponed to January 8, 2024, in Contra Costa County. Pre-trial hearings concerning Sargon motions—California’s equivalent to Daubert hearings—and motions for summary judgment are expected to proceed on October 10, 2023. Syngenta’s Annual Report also indicates a concurrent trial scheduled in a Florida state court for January 8, 2024. 

Notably, Syngenta and Chevron, in a strategic move during 2021, settled several Illinois state court cases, including 16 in California, for a total of $187.5 million. This decision, seemingly a preemptive measure, may have been influenced by the desire to limit the exposure of these cases to public scrutiny and to curtail further litigations led by Stephen Tillery, especially in high-profile jury trials in St. Clair County and across Illinois. Based on the disclosed settlement figures by Syngenta, the financial compensation to each plaintiff appears to be substantial, especially if the number of claimants was limited. 

This previous settlement bears significant relevance as plaintiffs advance towards the forthcoming trials in October and January. 

From Syngenta’s 2021 Annual Report: 

“Settlement: On June 1, 2021, Syngenta, along with a co-defendant, reached an agreement to settle with claimants represented by the leading counsel in the Hoffmann cases scheduled for trial in St. Clair County, Illinois, and in a majority of the cases pending in California state courts at that time. The settlement, which was contingent upon the dismissal of all active cases and a comprehensive release from the plaintiffs, involved a payment of $187.5 million by Syngenta. The company allocated its share to the Qualified Settlement Escrow Fund on July 21, 2021, which allows for third-party verification and apportionment amongst the claimants. The incurred settlement expenses are reflected within ‘Other general and administrative’ costs in the financial statements.” 

As of July 20, 2023, the MDL has 4,384 active cases pending. Additionally, there are 298 active cases in various California state courts, with 244 consolidated in a Judicial Council Coordination Proceeding (JCCP). Separate actions are also underway in multiple jurisdictions including Pennsylvania, Illinois, Florida, Washington, and Delaware. 

Advancements in Acetaminophen Litigation and the Approach to Daubert Hearings

Michael S on July 29, 2023

Advancements in Acetaminophen Litigation and Daubert Hearing Strategies

The landscape of the ongoing acetaminophen litigation has seen a series of favorable rulings for the plaintiffs, as overseen by Judge Cote. Her judicial decisions have consistently dismissed the preemptive defenses posited by defendants, including two motions from Walmart and one from Johnson & Johnson (J&J). The motions aimed to invoke federal preemption, which were not only rebuffed once but in J&J’s case, the attempt to secure an interlocutory appeal to the Second Circuit Court of Appeals was also denied.

In a strategic move, the plaintiffs’ leadership team has taken steps to streamline their legal approach by filing revised master complaints against J&J and various retailers who produced and sold generic versions of acetaminophen. These updated complaints are directly responsive to the narrowing scope of actionable claims as determined by Judge Cote’s prior rulings. 

A notable decision to dismiss certain complaints where Texas law applies, without prejudice, illustrates a concerted effort to focus the litigation effectively. This decision arises from a prior judgment where Judge Cote recognized a Texas statutory “safe harbor” preemption provision favoring retailers. Current deliberations seek to ascertain the appropriate jurisdictional law applicable to additional complaints, distinguishing between those governed by Texas law and thus subject to dismissal, and those under alternate states’ laws which may remain in contention. 

In preparation for the critical phase of litigation, Judge Cote has instituted a “rocket docket,” specifying that Daubert motions be filed by September 19, 2023, followed by a dedicated Daubert hearing in the first week of December. This accelerated schedule underscores the urgency and significance of the expert testimony and reports that are to be exchanged in the lead-up to the September deadline. 

In a parallel development, the Department of Justice (DOJ) sought an extension from Judge Cote until September 15, 2023, to deliberate on the court’s request for federal insight into the potential amendment of acetaminophen labeling to caution pregnant women of associated risks. This extension likely serves to inform the court of the FDA’s stance on the matter, providing a regulatory perspective on the public health implications inherent in the labeling dispute. 

As the litigation proceeds towards these pivotal hearings, the transparency of the legal process will be maintained to the extent that the documents and filings are not sealed by the court. Legal scholars, practitioners, and the public alike await further developments and the potential impacts on regulatory practices and consumer safety standards.