United States of America

The CPAP recall lawsuits against Philips have spawned a new group of related satellite lawsuits against SoClean, Inc. SoClean is a company that makes a product that is specifically used to sanitize the recalled CPAP devices. So far around a dozen lawsuits have been filed against SoClean alleging that that company falsely marketed that their product was “safe” and “healthy” to use for sanitizing CPAP machines and other breathing devices. According to the lawsuits, SoClean’s product was not safe because it omits harmful levels of ozone gas which exceeded the maximum safe limits set by the FDA.

SoClean CPAP Sanitizing Machine Lawsuits

The SoClean lawsuits have been filed in 7 states including Texas, Georgia, Mississippi, Kansas, and Louisiana and they come after manufacturer Philips recalled millions of its CPAP (Continuous Positive Airway Pressure) breathing machines due to sound abatement foam that can degrade and release harmful chemicals. Earlier this month, a new Philips CPAP recall MDL was created in the Western District of Pennsylvania.

Ten years ago, I posted data showing the average personal injury verdict in Maine was approximately $27,000. These numbers do not tend to change much historically. So my guess is the average personal injury settlement in Maine is between $10,000 and $20,000.

But you really have to understand how useless that is if you have a personal injury claim in Maine and you are trying to calculate or predict your settlement compensation payout.

Sample settlements and verdicts are not necessarily much better at projecting settlement amounts. But these are weapons you can used to better understand potential settlement compensation for an injury case in Maine.

This week the MDL Judge in the Paragard IUD lawsuits will consider a motion to dismiss filed by the manufacturers of the defective birth control device. The Paragard MDL now has 550 individual cases by plaintiffs who claim that their Paragard IUD had a defect causing it to fracture during removal and leave broken pieces inside their uterus. Last month, the defendants in the Paragard lawsuits filed a motion to dismiss on the grounds that the plaintiffs’ failure to warn claims were preempted under federal law.

The MDL is currently balking at ruling on this motion and based on comments made at the motion hearing and subsequent proceedings in the MDL it seems highly unlikely that she intends to grant the motion. Instead, the MDL judge seems much more interested in getting the first bellwether trials scheduled.

Paragard Lawsuits Backstory

Our lawyers are handling Similac and Enfamil infant formula lawsuits for families whose premature babies suffered or died from necrotizing enterocolitis (NEC) after taking one of these formulas.

Medical research links cow milk-based infant formulas such as Similac and Enfamil to a dangerous neonatal medical condition known as necrotizing enterocolitis.  The makers of these formulas knew of the risk of NEC and did nothing to warn families and give them a choice.

If your premature baby was diagnosed with NEC after being given Similac or Enfamil formula, you may be able to bring a product liability lawsuit against the formula company and receive financial compensation for your loss.

Hundreds of sunscreen recall lawsuits have been filed against Johnson & Johnson since the discovery of benzene in sunscreen prompted the company to recall 5 major brands of Neutrogena and Aveeno spray-on sunscreen. Thousands of additional sunscreen lawsuits are expected to be filed against J&J (and possibly other manufacturers) moving forward. These sunscreen lawsuits will likely be consolidated into a new “class-action” MDL.

In this post, we will evaluate how much these sunscreen recall lawsuits might eventually be worth (if they are successful) by comparing them to settlements in prior mass tort cases involving defective products and similar injuries.

UPDATE October 2021: in response to the recent discovery of benzene in spray-on sunscreen products, the FDA recently announced new quality control regulations for sunscreen protection products. The new rules will subject sunscreen to stricter labeling, testing and numerous other requirements in order to be deemed safe and effective by the FDA. 

Round 4 of the 3M earplug lawsuits bellwether trials in the 3M earplugs litigation ended in the biggest and most decisive victory for the plaintiffs to date.  Earlier this month, on October 1st, a federal court jury in Sarasota, Florida awarded army vet Brandon Atkins an $8.2 million verdict in his defective earplugs case against 3M.

3M Earplug Lawsuit Claims Against 3M

Atkins, along with over 200,000 other plaintiffs in the Combat Arms earplugs litigation, claimed that 3M’s defective earplugs failed to protect him from hearing damage during his time in the Army. Atkins asserted alleged that he suffered hearing loss and tinnitus as a result of the defective earplugs and he asserted 5 different tort claims against 3M:

The post is about the settlement compensation payouts you can expect in Pennsylvania.

A recent study of jury verdicts found that the average personal injury jury verdict in Pennsylvania is $903,705.00.pennslyvania injury verdicts

Now let’s turn the kaleidoscope and look at the median.  If you remember from the 9th grade, the median is found by ranking the data from biggest to smallest, and then identifying the middle of the data so that there is an equal number that is larger and smaller on each side.  If you had 1001 data points, the 500th biggest number would be in the middle.

For many groups of data, the gap between the average and the median is the same or very close to it.  With personal injury verdicts, they are usually light-years apart.  This is reflected in this new study that just came out in Pennsylvania.  The median compensatory award in Pennsylvania in the study was $45,000.00

Continue reading

Hundreds of women have filed Paragard IUD lawsuits claiming that they were injured when a design defect in the popular IUD caused it to fracture during removal and leave foreign objects inside their bodies.

The Paragard lawsuits in the federal courts have been consolidated into a new Paragard MDL in the Northern District of Georgia. In this post, we will speculate on how much these Paragard lawsuits might be worth if the litigation is resolved in a global settlement with the manufacturers.

This post speculates about Zantac lawsuit settlement amounts.  Yes, it is impossible to know what the average compensation payout might be in the Zantac litigation at this stage.

But projecting settlement amounts is what stock analysts and shareholders for Sanofi-Aventis, Boehringer Ingelheim, Pfizer, and GlaxoSmithKline are already doing and baking those costs into the stock price.  Plaintiffs’ Zantac lawyers can do this as well.

So this post will look at how much these Zantac lawsuits might eventually be worth based on comparisons to other mass tort settlements involving cancer.

Our lawyers have been involved in the 3M earplug claims from the beginning.  Veterans calling us today are increasingly asking a new question: has the statute of limitations deadline passed to bring my 3M earplug lawsuit?

This is a battlefield in the Atkins trial which is now underway.  On September 29, 2021, the MDL trial judge ruled that whether or not the statute of limitations deadline has passed for the plaintiffs’ 3M earplug lawsuit is a question for the jury.  So when the deadline to file a 3M lawsuit in these cases is a moving target.

So my stock answer is that you should move your case forward as quickly as possible but there likely will not be a statute of limitations problem.  But the real answer is more complicated and that is what I want to explain to you today.

Contact Information