OUR POSTS
Litigation Update: JUUL’s Latest Developments
Earlier this week the U.S. Court of Appeals for the D.C. Circuit upheld a lower court ruling that the FDA has the authority to regulate e-cigarettes as “tobacco products”. Stating that e-cigarettes are “indisputably highly addictive and pose health risks, especially to youth, that are not well understood”, the Court also upheld a ban on […]
Applying Data Analytics to Mass Torts | Part 1: Creating a Larger Claimant Pool
Data science is being applied across many industries and professional fields, including the law. In the case of mass torts, data provide valuable insights that guide mass tort attorneys’ decision-making in ways that build practices and streamline workflow. In this first of a two-part article, we’ll look at how data analytics can help mass tort […]
Increased Cancer Risk Prompts Recall of Allergan BIOCELL Textured Products
Over the past several years, there has been an increase in concerns regarding the connection between breast implants and cancer. Recent studies have shown there is a possible connection between breast implants and a type of non-Hodgkin’s lymphoma – breast implant-associated anaplastic large cell lymphoma or BIA-ALCL. This rare type of non-Hodgkin’s lymphoma has been […]
Litigation Update: Asbestos Concerns Continue for J&J’s Talc
Johnson and Johnson continues to confront claims that long-standing concerns regarding the presence of asbestos in its talc-based products were hidden or ignored by the company. In a trial against the pharmaceutical giant currently being heard in Oakland, CA, the plaintiffs, Linda and Mark O’Hagan, allege that asbestos in J&J’s signature baby powder product caused […]
From Building Materials to Bathroom Powders: How Talc Continues to Drive Asbestos Litigation
Talcum powder lawsuits say manufacturers knew their talc was contaminated by asbestos and could cause mesothelioma and ovarian cancer, but did nothing to warn consumers about this product risk. Instead, manufacturers concealed the dangers from the public. A bombshell report by Reuters news agency in late 2018 revealed that Johnson & Johnson (J&J) knew for decades […]
Litigation Update: Zantac Developments
The Judicial Panel on Multidistrict Litigation (JPML) is expected to consider creating an MDL for the Zantac litigation at its upcoming hearing in early December. Considering that Zantac (ranitidine) has been on the market for decades and was so widely-used, the number of potential claimants is expected to be significant. Contrary to the recent FDA […]
Litigation Update: JUUL Sued by NY and CA
JUUL’s legal woes continue to mount with the latest announcements that California and New York have filed suit against the e-cigarette company. On Monday, November 18th state Attorney General Xavier Becerra announced California had filed suit against JUUL for its marketing practices and failure to warn about exposure to chemicals linked to cancer, among other […]
Litigation Update: Interim JUUL Leadership Selected
Judge William H. Orrick held the Initial Status Conference for the Juul MDL on Friday, November 8th. Prior to that conference he stated that he had a “sense of urgency in moving this case forward. The allegations are very serious and raise significant public health concerns. My expectation is that all parties share this sense […]
Litigation Update: J&J Talc Recall
Late last month Johnson & Johnson announced a voluntary recall of approximately 33,000 bottles of its baby powder after the FDA reported finding chrysotile asbestos in the product. While J&J maintains that “thousands of tests over the past 40 years repeatedly confirm that our consumer talc products do not contain asbestos”, it appears that the […]
Litigation Update: JUUL News
Juul recently announced the departure of four senior executives, Chief Marketing Officer Craig Brommer, Chief Finance Officer Tim Danaher, Chief Administrative Officer Ashley Gould and Senior Vice President of Advanced Technology David Foster. In addition, Juul will be laying off approximately 500 people, or about 10% to 15% of its workforce, by the end of […]
What Firms Need to Know About Performance Appraisals
Feedback is critical to bolstering workplace morale, managing employee expectations, and establishing a company culture with a focus on high standards and peak performance. Studies have reported that performance development and assessment creates a winning environment by engaging workers in continuous communication, goal setting, and coaching. One study revealed that businesses implementing regular performance evaluations […]
Litigation Update: Opioid Settlements
In an effort to avert the landmark federal opioid trial brought by two Ohio counties and scheduled to begin on October 21, four key defendants reached a last minute $260 million settlement. Distributors Amerisource Bergen, Cardinal Health, McKesson and drug manufacturer Teva Pharmaceutical joined other defendants including Johnson & Johnson, Janssen, Mallinckrodt, Endo International, and […]
Litigation Update: IVC Filter Verdict
Earlier this week a Philadelphia jury awarded Tracy Reed-Brown over $33 million in her IVC filter case against Rex Medical LP. The award included more than $30 million in punitive damages, in addition to compensation for medical expenses and pain and suffering. Ms. Reed-Brown was implanted with an Option Retrievable Inferior Vena Cava Filter System […]
Litigation Update: JUUL Census
On October 25th Judge William Orrick issued Case Management Order No. 1 in the JUUL litigation consolidated in his court in the Northern District of California. The Order relates to an initial census, a concept also adopted by Judge M. Casey Rogers of the Northern District of Florida, who is handling the MDL relating to […]
Litigation Update: Risperdal Verdict
Last week a jury in Philadelphia hit Johnson & Johnson and its Janssen Pharmaceuticals subsidiary with an $8 billion punitive damages verdict in a Risperdal trial. Nicholas Murray’s lawsuit alleged that, after being given Risperdal in 2003 at age nine for symptoms of autism, he grew breast tissue, a condition known as gynecomastia. J&J was […]
Litigation Update: JUUL Sued by School Districts
In addition to the personal injury and class action lawsuits recently consolidated by the JPML, JUUL is now facing litigation brought by several school districts. The school districts have sued JUUL over increased costs associated with a rise in the use of e-cigarettes by their students. The suits were filed by Francis Howell School District […]
Litigation Update: Taxotere Defense Verdict
After a two-week trial in New Orleans, the jury in the first Taxotere bellwether trial delivered a defense verdict. There are approximately 11,000 claims in the multi-district litigation against manufacturer Sanofi Aventis and other defendants alleging the chemotherapy drug Taxotere (docetaxel) caused permanent alopecia. Barbara Earnest, who was diagnosed with breast cancer in 2011, underwent […]
Litigation Update: $40 Million Verdict Against Johnson & Johnson in Talc Trial
On Friday, September 27, a woman suffering from mesothelioma, a cancer linked to asbestos exposure, and her husband were awarded $40.3 million by a California jury. Nancy Cabibi, 71, was a regular user of Johnson’s Baby Powder and Shower To Shower talc products, both of which are manufactured by J&J; according to documents filed with […]
Litigation Update: J&J Settles Opioid Litigation with Two Ohio Counties
On the eve of the consolidated trial set to begin in federal court in Cleveland, Ohio later this month, Johnson & Johnson and its subsidiary Janssen Pharmaceuticals have settled with Cuyahoga and Summit Counties for $20.4 million dollars. Under the terms of the agreement J&J is to pay $10 million in cash to the counties, […]
Litigation Update: Zantac Contamination
According to a recent FDA announcement, a probable human carcinogen has been found in some ranitidine heartburn medications, including brand name Zantac, and the FDA is investigating the possible source of contamination. The substance is NDMA (N-Nitrosodimethylamine), the same contaminant that lead to recalls of blood pressure and heart failure medications such as Valsartan over […]
Litigation Update: New CEO and New Bans for JUUL
Amid an increasing number of reports of vaping-related illnesses and deaths, Juul announced that Kevin Burns has stepped down as CEO and will be replaced by K.C. Crosthwaite, a former executive at Altria, which owns a 35% stake in Juul, who has previously served as an observer to Juul Labs Board of Directors. According to […]
Litigation Update: Understanding Purdue Pharma’s Bankruptcy and Opioid Settlement
The first hearing in Purdue Pharma’s Chapter 11 bankruptcy filing was held on Tuesday September 17 before U.S. Bankruptcy Judge Robert Drain in White Plains, NY, two days after the drug maker filed for bankruptcy and just weeks before the first trial is scheduled to be held in the consolidated multidistrict opiate litigation in Cleveland, […]
Litigation Update: The Latest on Opioids
There have been a number of developments in the wake of last week’s tentative settlement of over 2,000 lawsuits filed by a number of municipal governments and states in federal court in Cleveland against a number of defendants, including Purdue Pharma and its owners, the Sackler family. Under the terms of the settlement, in addition […]
Litigation Update: 3M Latest MDL Developments
Thousands of service members and veterans have made claims related to their use of the 3M Combat Arms earplugs and leadership in the MDL is working diligently to set the stage for justice for these individuals. Recent developments have given firms involved in this litigation several issues to consider. Records from the Department of Defense […]
Litigation Update: FDA Takes Action on JUUL Labs
Every day seems to bring new developments in the Juul story, with none of them good for Juul. On September 9, the U.S. Food and Drug administration issued a warning letter to Kevin Burns, the CEO of e-cigarette manufacturer JUUL Labs, Inc., for allegedly marketing the Juul device as a “modified risk tobacco product” without […]
Litigation Update: $37.3M New Jersey Talc Verdict
Johnson & Johnson has been hit with a substantial verdict in the latest talc trial in New Jersey. Jurors awarded $37.3 million in compensatory damages to four plaintiffs, Douglas Barden, David Etheridge, D’Angela McNeill-George and Will Ronning, for their talc-related mesothelioma injuries. Punitive damages are still to be determined. The plaintiffs were represented by Moshe […]
Litigation Update: The Latest on the Opioid MDL
Just weeks before the October 21 start of the first bellwether trial, Purdue Pharma, LP and its owners, the Sackler family, have reached a tentative settlement involving over 2,000 lawsuits filed by local municipalities, states and tribes in federal court in Cleveland; the deal is valued at up to $12 billion but does not cover […]
Litigation Update: Opioid Judgment against J&J in Oklahoma
In a landmark ruling Monday afternoon, Cleveland County District Judge Thad Balkman found that corporate giant Johnson & Johnson and Janssen, its pharmaceuticals unit, had played a part in causing Oklahoma’s opioid crisis by using false and misleading marketing practices that exaggerated the benefits of their opioid painkillers Duragesic, a fentanyl patch, and Nucynta while […]
The Five Top Concerns in Dealing with a Litigation Support Service Provider
For a law firm, being entrusted with someone’s mass tort claim is a serious responsibility. If you are considering working with a litigation support service provider, you need to ensure that they take that responsibility as seriously as you do. Law firms often voice similar concerns about working with an outside provider: “The work product […]
Litigation Update: Opioid Manufacturers Reach Settlement Ahead of October Bellwether Trial
Drug manufacturers Endo International Plc and Allergan Plc have agreed to pay $15 million to two Ohio counties in an effort to avoid an upcoming trial pending in federal court in Cleveland. The two counties’ cases scheduled to proceed on October 21 were selected to comprise the first bellwether trial out of the multidistrict litigation […]
Litigation Update: Roundup Settlement?
Last week Bloomberg broke the news that Bayer had made a settlement proposal to resolve more than 18,000 Roundup lawsuits. Citing those close to the ongoing negotiations, Bloomberg reported the proposal was between $6 and $8 billion. Later that week, mediator Ken Feinberg, who was appointed by Judge Chhabria, issued a statement that the report […]
Litigation Update: JUUL
JUUL Labs, Inc. recently filed a motion with the Joint Panel on Multidistrict Litigation (the “JPML”) to transfer cases against it for consolidated pretrial proceedings and further requested that the MDL be assigned to the Northern District of California. Juul is based in San Francisco. Reply briefs are due later this month and the motion […]
Learning from the Past
In a recent blog post we discussed a little of the history of mass tort litigation. In that blog we pointed out that recent cases concerning 3M earplugs, the Juul e-cigarette and Roundup, while not typical drug and device cases, are a natural evolution of mass tort litigation. What can the plaintiffs’ bar learn from […]
The Changing Nature of Mass Torts
Regarded by many as the original mass tort, asbestos litigation made front-page headlines in the late 1970s and early 80s, with estimates for the eventual cost of asbestos litigation in the hundreds of billions of dollars. Tobacco was another early litigation where lawyers sought justice for thousands of injured people. Many of the leading firms in […]
Litigation Update: Hernia Mesh
The hernia mesh litigation is one of the most significant current mass tort matters, involving several defendants and many thousands of claimants. Hernia mesh litigation is the subject of several MDLs and also coordinated state proceedings. With Bard controlling approximately 70% of the hernia mesh implant market, MDL 2846 In Re: Davol, Inc./C.R. Bard, Inc., […]
Litigation Update: JUUL
We all know smoking is bad for your health and the good news is that adult smoking rates in the United States have declined from a high of 45% in the 1950s to the current rate of approximately 15%. But, in its place we have seen the rapid rise of vaping, led principally by the […]
Promoting Employee Engagement in the Summer
Summertime means enjoying some down time for many employees—and less time thinking about work. Warm sunny days may make it difficult to focus on work when getaway spots beckon (as do kids home from school). One study revealed that workplace productivity drops 20% and projects take 13% longer to complete during the summer. Other studies […]
2019 Midyear Update: Mass Tort and Class Action Litigation Outlook
At the start of the year, we noted significant cases to watch in 2019.Here is a look at where some of that litigation stands at the midyear point, as well as other mass tort litigations that are now evolving and taking shape. 3M Combat Arms™ Earplugs. This is the biggest mass tort litigation news this […]
Litigation Update: Progress of Opioid Lawsuits
National Prescription Opiate Litigation – MDL 2804 At a hearing on June 25 held at the U.S. District Court for the Northern District of Ohio in Cleveland, Judge Polster, in response to concerns raised by distributors, pharmacies and state attorneys general, refrained from ruling on the plaintiffs’ attorneys’ motion to create a “negotiating class”, indicating […]
Litigation Update: Comprehensive Settlement Proposed in Opioid MDL
On June 14, attorneys representing local governments and communities met in Ohio and presented a proposed framework for a comprehensive nationwide settlement of the opioid crisis. Representing hundreds of counties, towns and municipalities, their goal is for impacted local communities to settle with the drug companies as a single “negotiating class” and effect a nationwide […]
Using Analytics Dashboards to Improve MDL Settlement Evaluation and Negotiations
The situation: A representative from the executive steering committee for an MDL involving a surgically implanted medical device needed to uniformly and efficiently evaluate and score data provided by myriad law firms. These firms represented a very large number of claimants and the data on the claims was needed to assess offers received from the […]
Litigation Update: Johnson & Johnson and Colgate-Palmolive Talc Trials
A state court jury in California found Johnson and Johnson (J&J) and Colgate-Palmolive Co. liable for a California woman’s mesothelioma as a result of her exposure to asbestos in both J&J’s and Colgate-Palmolive’s Cashmere Bouquet talcum powder products. Plaintiff Patricia Schmitz, a 61-year old retired teacher, was awarded $12 million by the Alameda County jury […]
Litigation Update: Status of Opioid Lawsuits
Oklahoma On May 26, days before the company was scheduled to start trial, the world’s largest generic drug manufacturer Teva Pharmaceuticals agreed to an $85 million settlement with the state of Oklahoma. The Oklahoma lawsuit had accused Teva of fueling the state’s opioid crisis with its deceptive marketing and production of both generic and branded […]
How Data Analytics Enhances the Power of the Plaintiff’s Attorney in Mass Torts
Mass tort litigation is highly complex, with unique considerations to be taken into account when determining case-relevant data, creating applicable predictive models, and negotiating and determining settlement amounts. In fact, the crux of the role of data in managing a mass tort is perhaps most about helping the legal team make better decisions. Here are […]
Litigation Update: Xarelto®
An important deadline in the Xarelto® MDL is rapidly approaching. In Case Management Order No. 10 issued on March 25, 2019 Judge Fallon set out the supplemental information requirements for cases to be produced within 75 days of the date of the order. This information includes the date of the injured person’s first use of […]
Litigation Update: Leadership Decided for 3M Combat Arms™ Earplugs MDL
On May 22nd Judge M. Casey Rodgers issued Pretrial Order No. 7 naming the leadership for the plaintiffs in the 3M Combat Arms™ Earplugs MDL. Selection was made from among 190 applicants. Bryan Aylstock was named Lead Counsel, supported by Shelley Hutson and Chris Seeger as Co-Lead Counsel. Brian Barr and Michael Burns were named […]
Litigation Update: Johnson & Johnson Talc Trials
Last week, two talc cases against Johnson & Johnson came to a close with very different results. Johnson & Johnson has been under fire recently with lawsuits stating their talc products, which includes their baby powder and Shower to Shower products, contain asbestos. In New York, a woman filed suit against J&J because she believed […]
Litigation Update: Leadership Selection for the 3M Combat Arms™ Earplugs MDL Begins
By the close of business this past Friday scores of lawyers from around the country had submitted their applications for leadership in the 3M earplugs litigation. In Pretrial Order No. 4 Judge M. Casey Rodgers set out her process for selecting those who will fill the leadership positions in this important and complex litigation. Applications […]
Can Common Benefit Fee Disputes be Avoided?
Recent headlines involving disputes over distribution of the common benefit fund in the pelvic mesh MDL highlight a recurring issue in mass tort litigation. Too often fights erupt when it comes time to distribute common benefit fees, and these fights spill out into public view to the benefit of no one. While the lawyers who […]
Verus Offers Insights About 3M Combat Arms Earplugs and Ramifications for Mass Tort Lawsuit
Princeton, NJ (April 29, 2019) — When the Judicial Panel on Multidistrict Litigation (JPML) met on March 28, 2019, to consider consolidation of the claims in the 3M Combat Arms™ Earplugs (CAEv2) lawsuits, the prevailing thought among attorneys and other legal experts was that the JPML would establish a multidistrict litigation for the increasing number […]
Data Analysis Vital for Purdue Pharma Opioid Lawsuits
The Sackler family is now sending signals that they are interested in a global settlement of the more than 2,000 opioid lawsuits pending against Purdue Pharma as a way to “to get the monies to the communities that need them”. The states and municipalities who brought these lawsuits should be asking themselves what remains to […]
MTMP At A Glance
The Mass Torts Made Perfect conference at the Wynn in Las Vegas was one of the best events we’ve attended recently. The energy was palpable and attendance was the highest ever, according to Sharon Booth of Levin Papantonio, organizer of the conference. The Wednesday Business of Law sessions covered topics ranging from marketing and financing […]
Considerations in the 3M Military Earplug Lawsuits
As noted in a previous post about this matter, the Judicial Panel on Multidistrict Litigation (JPML) met on March 28 to consider consolidation of the nationwide claims in the 3M Combat Arms™ Earplugs (CAEv2) lawsuits. The Panel has announced the cases will be sent to the Northern District of Florida before Judge M. Casey Rodgers. […]
The Top 10 Human Resource Issues that Affect Law Firms
Human Resources is an invaluable asset to every business, and law firms are no exception. This specialized field requires professional expertise and experience. Although most law firms deal with a diversity of clients on a daily basis, many managing partners do not recognize the importance of having an HR professional on the team serving those […]
The Value of Litigation Support Service Providers to Mass Tort Law Firms
Mass tort law firms deal with large plaintiff pools and even larger settlement funds. The right litigation support service provider (LSSP) can offer meaningful value to these firms by bringing transparency, efficiency, and independence to the process of managing caseloads and settlement distributions. Here are a few key benefits of engaging an LSSP for support […]
Litigation Update: Xarelto Settlement
Earlier this week it was announced that the makers of Xarelto® had agreed to pay $775 million to settle approximately 25,000 claims. Bayer Healthcare and Janssen Pharmaceuticals, a division of Johnson & Johnson, agreed to the settlement to resolve substantially all cases concerning Xarelto in both state and federal court. The settlement comes more than […]
Litigation Update: Roundup
Verdict: On March 27th, the jury returned an $80 million verdict, which included $75 million in punitive damages for Mr. Hardeman. A significant milestone was reached last week in the Roundup® litigation with the unanimous jury verdict in favor of Edwin Hardeman in the first part of his trial. The jury unanimously found in favor […]
Six Vital Cybersecurity Measures for Law Professionals
Law firms are stewards of their client’s sensitive data such as Social Security numbers, financial information, medical and other private data. It is crucial that you take proper cybersecurity measures to protect this sensitive data. After all, it takes only one breach for your firm to suffer a severe impact to your reputation and erode […]
Developing Litigation: 3M Combat Arms Earplugs
Among the issues that the Judicial Panel on Multidistrict Litigation is considering at their meeting on March 28th is whether to establish an MDL for the increasing number of cases against Minnesota-based 3M Company® for their Combat Arms™ Earplugs. The Combat Arms Earplugs (CAEv2) were issued to military service members from 2003 to 2015 for […]
The Use of Analytics in Settlements of Complex Litigation
The Benefits of Outsourcing Medical Record Reviews
When dealing with litigation that requires examining hundreds or even thousands of medical records, mass tort law firms are faced with two options. The first is that firms can choose to review medical records in-house, with their own team. This can be a time-consuming and expensive process which requires a law firm to invest thousands […]
Mass Tort and Class Action Outlook for 2019
In mass tort and class action litigation, 2018 saw several high-dollar verdicts, multiple significant settlements, and ongoing litigation regarding faulty consumer products and dangerous drugs and medical devices. In 2019, we foresee much of this drug and medical device litigation continuing, along with the evolution of cases involving data breaches and toxic environmental torts. We […]
How Data Analytics Can Help Identify Trends in Mass Tort Claims
Data science techniques enable us to tell powerful stories regarding mass tort claimants. But given the proliferation of data everywhere, quality analysis is critical in mass tort cases and claims adjudication. Data scientists must collect and use the right data and employ the right tools to visualize and interpolate that data to reveal actionable insights. […]
Six Facts to Keep in Mind when Shopping for a Case Management Platform
Good case management software needs to meet several core criteria to be the valuable tool lawyers need to manage and grow their practices – especially when dealing with mass torts. Here are 6 key factors to consider: Intuitive and easy to use. The platform should require a short learning curve and features should be customized […]
What Mass Torts Lawyers Can Learn from Asbestos Law Suits About Data Analytics
Verus’ New Interdisciplinary Team Model Helps Us Improve Processes and Client Service
What to Expect from Your Claims Administrator
Helping to Treat Addiction Through Advocacy and a Coordinated Strategy
Life expectancy in the United States has declined for the second year in a row according to the latest study from the Center for Disease Control. When this news broke last year it hit like a bombshell and then was forgotten by most. While two data points do not make a trend, there are some […]
The Use of Analytics in the Art of Negotiating Claims
The art of negotiating claim settlements in complex medical and exposure-related cases has been discussed by many parties in the Insurance and legal communities over many years. My experience in handling and negotiating asbestos claims on behalf of over 50 defendants for over 20 years in both state and federal courts has allowed me to […]