Weekly Mass Torts Bulletin 2024-February-26

In 2020, Oregonians approved a groundbreaking ballot measure, known as Measure 110, establishing the most progressive drug law in the United States.

This measure decriminalized the possession of small amounts of illicit drugs and redirected cannabis tax revenue, amounting to hundreds of millions of dollars, towards addiction recovery services. Positioned as a transformative strategy, Measure 110 aimed to address addiction as a public health issue rather than a criminal offense. However, skepticism has arisen as cities nationwide grapple with drug crises.

Against the backdrop of a drug overdose death toll surpassing 100,000 in 2021, exacerbated by disruptions in medical care due to COVID, escalating mental health challenges, and the widespread availability of lethal drugs, Measure 110 sought a different path. Instead of arresting drug users, the law mandates police to issue $100 citations, accompanied by a card providing access to a hotline for addiction treatment services. Individuals can call the hotline to seek help, leading to the dismissal of the citation.

Despite this approach, only 4 percent of those issued citations have utilized the hotline, prompting public pressure. In response to a surge in overdose deaths, state lawmakers, predominantly Democrats, are considering re-criminalization. A proposed bill seeks to reclassify small-scale drug possession as a low-level misdemeanor, punishable by up to 30 days in jail, while offering the option of seeking treatment rather than facing charges. This potential shift underscores the evolving dynamics and challenges surrounding drug policy in Oregon.

The U.S. District Judge overseeing federal lawsuits against C.R. Bard regarding hernia mesh has dismissed certain claims in a Bard 3D Max case, originally set as the fourth early test trial, while allowing critical remaining counts to proceed.

This case is part of a larger group of nearly 21,000 product liability lawsuits against Bard in federal courts, all alleging injuries caused by design defects in various polypropylene products, including Bard 3D Max, Bard Ventralight, and Bard Ventralex.

Centralized in the Southern District of Ohio since August 2018, these hernia mesh lawsuits form a multidistrict litigation (MDL) due to their similar claims, streamlining proceedings to address common issues. The MDL has witnessed three test trials to gauge jury responses to repeated evidence and testimony, but despite these efforts, widespread settlements have not materialized, leaving thousands still awaiting their court dates.

The judge, who presided over the initial Bard hernia mesh trial in August 2021 (resulting in a defense verdict) and subsequent bellwether trials in April 2022 (yielding a $255,000 verdict) and November 2023 (resulting in a $500,000 verdict), recently canceled the scheduled fourth bellwether trial involving complications with a Bard 3D Max. Instead, the judge urged the parties to engage in several months of negotiations to explore the possibility of a Bard hernia mesh settlement agreement.

This development reflects ongoing challenges in resolving the hernia mesh litigation, despite trial outcomes varying from defense verdicts to substantial awards. The dismissal of certain claims in the Bard 3D Max case signifies a complex legal landscape, underscoring the difficulties faced by individuals seeking resolution for injuries allegedly caused by these medical devices.