Weekly Mass Torts Bulletin 2021-Aug-09

An Illinois jury granted a talcum trial verdict in favor of Johnson & Johnson by rejecting the allegations of the family members of the woman who died of ovarian cancer.

As per the court documents, the family members of the woman sought $50 million compensation by alleging that J&J's baby powder and Shower to Shower products are dangerous and resulted in ovarian cancer for the woman.

The 69-year-old woman died in September 2016, eighteen months after being diagnosed with ovarian cancer.

A spokesperson for J&J said in a statement that the verdict displayed careful consideration of the science and facts presented by the attorneys. He even added that the company deeply sympathizes with those who are suffering from cancer and seek answers for the same.

The plaintiff's attorney stated that there is strong evidence to conclude that genital talc leads to ovarian cancer, and the decision will not prevent them from seeking justice for several other women who are victims of the disease because of J&J's negligence and greed.

The verdict came in favor of J&J after a three-week trial in St. Clair County, Illinois.

Earlier, an executive of J&J failed to appear before the court as a witness for cross-examination in a talcum lawsuit. J&J recalled 33,000 bottles of talc-based powder in 2019, and in May 2020, discontinued its sale throughout the U.S.

J&J's talc products are one of the most popular cosmetic products throughout the country. For the past 25 years, over 12,00 women and their families have filed lawsuits against J&J alleging that the company's baby powder causes ovarian cancer.

Asbestos in talcum powder is the major cause of cancer as it is harmful to human health and can cause lifelong ailments. A study even concluded the direct linkage of talc powder to ovarian cancer.

The company is even set to settle $26 billion in the opioid MDL as ordered by the federal judge. The company will pay the settlement amount with three major pharmaceutical distributors, Cardinal, McKesson, and AmerisourceBergen.

The trial of the first bellwether case against C.R. Bard will begin this week, where the juries will discover testimonies and evidence in the thousands of hernia mesh lawsuits with allegations of defective designs.

The trial will include videotape testimony from expert witnesses and two dozen facts. It is expected to last for five weeks and two days.

The plaintiff of the trial alleges C.R. Bard's Ventralight ST mesh device caused injuries. The device failed to serve the purpose and caused uneasiness for the plaintiff. The plaintiff even alleged that the manufacturer did not provide adequate warnings about the device. The defendant even failed to provide an accurate way to use the device. Other allegations include that the defendant did not conduct sufficient research and testing before distributing the products.

Bard even requested the federal judge to exclude the testimony of an FDA expert, but the judge rejected the manufacturer's plea. The second bellwether trial against the manufacturer is set to begin on January 10, 2022.

Currently, Bard faces over 8,000 product liability lawsuits from individuals who allege that they experienced complications after a hernia repair. Bard Ventralex, Bard Ventralight, Bard Perfix, Bard 3DMax, and other mesh systems are the products that are alleged of having defective designs.

The plaintiffs allege the products involve a polypropylene mesh design that is dangerous and defective. The product is required to be removed or replaced by a new one after a few years as it wears down.

U.S. District Judge Edmund A. Sargus, Jr. is overseeing the MDL in the Southern District of Ohio for a common outcome of all the lawsuits.

An attorney has accepted Endo pharmaceutical's offer of a $35 million settlement in a lawsuit in Tennessee where the manufacturer is alleged of fueling the opioid epidemic in the state.

The attorney representing the plaintiff said that it is the best and final settlement amount that would compensate the local government and a child who was born dependent on opioids.

In April, a federal judge already ruled that the opioid firm is responsible for the opioid epidemic in Tennessee, considering the delayed proceedings, misleading information to plaintiffs, and impeding with the administration of justice by the defendants.

The attorney informed, all the local governments, including nine counties and 18 cities and towns, of northeast Tennessee, will sign the agreement by next week, post which the communities will get the money.

The money allocated for the opioid-dependent child will be distributed into a trust fund, legal fees, and expenses. A vast sum of amount will be allotted to the counties, which will be further divided as per the counties' population.

Endo, Mallinckrodt and Purdue Pharma are the defendants in the 2017 opioid lawsuit where the plaintiffs sued the manufacturers for $2.4 billion. Sullivan County Circuit Court Chancellor E.G. Moody informed that the plaintiffs have expert testimony to support the settlement amount. Mallinckrodt and Purdue Pharma have already filed for bankruptcy, and Endo is the last active corporate defendant in the lawsuit.

Earlier, three major drug distribution companies along with Johnson & Johnson agreed upon an agreement that will make the drugmakers pay $26 billion to deal with the countrywide opioid epidemic.

Kentucky will also receive $460 million as a settlement in opioid abuse litigation against opioid manufacturers like Johnson and Johnson (J&J) for the epidemic fueled by the drug-making companies.

Attorney General Daniel Cameron informed in a press release that the settlement amount would be helpful to treat people addicted to opioids and conduct programs that will control the opioid epidemic in the state.

As per the reports, so far, 180 people have died in the Louisville Metro area because of opioid overdose compared to 218 in the last year.

The Substance Use Disorder Strategy Coalition (SUDS) will hold a community panel to discuss the harm reduction of opioids in Shelbyville to deal with the epidemic. The program will discuss education about HIV and Hepatitis C testing, along with a needle exchange program to alert the individuals and communities about substance abuse.

A doctor of North Central Health District informed that substance abuse had been a matter of concern for many years in the state. These funds allocated for controlling substance abuse would be a positive thing amidst the current pandemic.

Officials of the Kentucky Coroners Association showed concern by stating that the number of people affected because of opioids is rising continuously. The president of the association even informed that an adjoining county recently reported three overdosing cases in a day which is a serious issue.

Earlier J&J and drug distributors Cardinal, McKesson, and AmerisourceBergen agreed on a deal to pay $26 billion to settle the nationwide opioid lawsuits. J&J even faces several talcum powder lawsuits from women across the country alleging that the company's baby powder causes ovarian cancer.

Earlier, McKesson Corporation, Cardinal Health Inc., and AmerisourceBergen Drug Corporation were ordered by New York Attorney General Letitia James to pay up to $1.1 billion to New York state to tackle the opioid epidemic.

The agreement will eliminate the three opioid distributors from the ongoing opioid trial, which is advancing in Suffolk County State Supreme Court. It is one of the largest settlements handled by the attorney general, James. The companies will start making the payments in two months and will continue to settle the amount for the next 17 years.

James issued a press release stating that the opioid epidemic has affected several communities throughout New York and across the nation for more than two decades. It has affected a large number of families by killing hundreds of thousands of individuals and addicting millions more.

A base payment of $1.1 billion is guaranteed in the settlement, and further amounts may be levied in case of future litigation. A part of the settlement amount will be used to combat the effects of the opioid crisis. The settlement will even cover compensation for the private practice attorneys as a lawyer's fee.

Attorney general James said that no amount of money could compensate the families affected because of the crisis and people addicted to opioids. She even said that the settlement amount would play a vital role in tackling the opioid crisis of New York.

James even directed to change the ways of collecting and analyzing data in the opioid litigation.

U.S. District Judge Dan Aaron Polster is overlooking the National Prescription Opiate Litigation MDL No. 2804 (In Re: National Prescription Opiate Litigation), formed in October 2017.

Connecticut's attorney general has committed to getting $300 million for the state from the $26 billion opioid settlement offered by the pharmaceutical distributors and drugmaker Johnson & Johnson (J&J).

Attorney General William Tong wrote in a letter informing about how the settlement amount will fund strategies, initiatives and programs. It will help the states, victims and their families to overcome the opioid crisis.

Some advocates and politicians have objected to depositing the settlement amount in the state’s general fund. They showed concern considering the misuse of the millions of dollars received by the state every year in the 1998 Big Tobacco settlement for smoking prevention and cessation.

Connecticut will receive $300 million over the next 18 years, as per the agreement. The state will get $26 million for the initial three years, and a varied sum of amount will be allotted for the next fifteen years. Pharmaceutical distributors McKesson Corp., Cardinal Health and AmerisourceBergen, along with J&J, will pay the amount.

Municipalities and the state signing on the agreement will get 85% and 15% respectively from the settlement amount allotted to Connecticut. 70% of the allotted funds to the state will be used for controlling future crisis whereas 15% will be used for general abatement measures. The amount will also cover the attorney's fees.

Last year, opioid overdose claimed 1,400 lives in Connecticut and 93,000 lives throughout the nation.

J&J even face several lawsuits over its talcum powder products, with nationwide women alleging the company's baby powder of causing ovarian cancer. 12,00 women and their families have filed lawsuits against the company in the past 25 years with similar allegations of cancer-causing ingredients in the talc products.

Earlier, Attorney General Leslie Rutledge of Arkansas announced a deal with opioid manufacturers and distributors that requires the drugmakers to pay $216 million to Arkansas in the opioid MDL.

Three major pharmaceutical distributors, Cardinal, McKesson, and AmerisourceBergen, along with opioid manufacturer Johnson & Johnson (J&J), will pay the settlement amount to Arkansas. The agreement will settle a number of opioid litigations faced by the companies and will also prevent the future opioid crisis.

The Attorney General said that opioid overdose has resulted in several deaths in Arkansas during the past decade. Many families from the state have lost their loved ones because of the opioid crisis. The settlement will not bring back the lost lives, but it will surely help to prevent opioid addiction problems among the people of Arkansas. The settlement amount will be used to educate and treat people suffering from opioid addiction problems.

Nearly 4000 opioid lawsuits have been filed in federal and state courts across the country, and the agreement would resolve those claims. States can sign the agreement in 30 days, whereas the local governments have up to 150 days to participate in the deal.

Arkansas will sign the agreement after reviewing the final documents of the deal. The state would receive $216 million as a settlement for the opioid crisis.

The settlement is a part of the $26 billion deal announced by a federal judge to tackle the opioid epidemic throughout the nation. J&J will pay $5 billion, and the distributors will pay the remaining amount of $21 billion.