Articles Posted in Product Liability

The 12th bellwether test trial in the continuing 3M earplugs litigation gets underway today in the case of Wilkerson v. 3M Co. (7:20-cv-00035).

The results in the first 11 test trials, which featured the claims of 14 individual plaintiffs, have been decidedly mixed, but the most recent trial grabbed national attention when a pair of plaintiffs were awarded $110 million.

The trial in the Wilkerson case that begins today marks the first case in “Trial Group D,” which will include 4 additional trials through the end of May. Trial Group D will end the opening phase of the earplug bellwether trials, after which things will get a lot more intense and complicated.

A report released last year revealed that many baby food brands contain alarmingly high levels of hazardous metals such as arsenic, lead, mercury. This discovery has spawned a steady stream of consumer class-action lawsuits against various baby food manufacturers around the country. It may also lead to product liability lawsuits alleging that consumption of the contaminated foods caused neurologic damage. In this post, we will look at the various consumer class action cases that have been filed in state and federal courts around the country.

Discovery of Toxic Metals in Baby Foods

Last February, the U.S. House of Representatives Committee on Economic and Consumer Policy published an investigation report which disclosed that numerous baby food products contain dangerously high levels of toxic heavy metals such as lead, mercury, and arsenic. The report showed many popular baby food products contained levels of these toxins that are hundreds of times higher than the maximum safe levels set by the FDA for other products like bottled water. Testing revealed baby food products with 91 times the maximum safe arsenic level, 177 times the maximum lead level, and 69 times the safe level of cadmium.

I take a deep dive into a recently filed Paraquat lawsuit so you better understand the foundation of these Syngenta Parkinson’s disease claims.  Our lawyers are handling these Paraquat lawsuits in all 50 states.

Paraquat is a highly toxic and poisonous chemical that is banned in over 32 countries. It is also one of the most widely used herbicides in the U.S. agriculture industry.

Recent studies have linked paraquat exposure to early-onset Parkinson’s disease, leading to a wave of Paraquat lawsuits against the companies who make the chemical. In this post, our lawyers take a detailed look at a recent Paraquat Parkinson’s disease lawsuit (Barbara Kelly v. Syngenta Crop Protection, et al., S.D. Ill., Case No. 3:21-pq-1415) by deconstructing the allegations in the Complaint.

The very first bellwether trial in the 3M earplugs litigation featured the claims of 3 plaintiffs (Luke Estes, Stephen Hacker, and Lewis Keefer) and ended in a jury verdict awarding the 3 veterans a total of $7.1 million in damages for their alleged hearing loss. Ten more bellwether trials followed, with the most recent ending in a $110 million verdict for 2 plaintiffs.

Immediately following the first bellwether trial, 3M’s defense team vowed that they would fight the verdict on appeal. Last week, 3M’s attorneys filed their appellate brief laying out their argument for why the U.S Court of Appeals for the 11th Circuit should overturn the verdict and accept a legal defense that would effectively halt the earplug litigation entirely.

3M’s Legal Arguments in a Nutshell

Product liability lawsuits are being filed alleging that the popular baby formula, Similac, caused premature infants to develop a serious gastrointestinal infection called necrotizing enterocolitis (NEC).

Our national product liability and mass tort firm is seeking potential Similac lawsuits against the formula manufacturer, Abbott Laboratories Inc., for failure to warn about the risks of NEC associated with Similac.

If you bring a successful baby formula NEC lawsuit you could receive significant financial compensation.  Our attorneys offer a free online consultation.

Earlier this week, the Paraquat MDL judge (Hon. Nancy Rosenstengel) partially granted motions to dismiss filed by the defendants. Despite getting some of the plaintiffs’ minor claims dismissed, the decision was a defeat for the defense. Judge Rosenstengel flatly rejected the defendants’ primary argument that many of the plaintiffs’ claims should be time-barred under the applicable state statutes of repose.


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3M is defending over 280,000 cases alleging that its Combat Arms Earplugs caused military veterans to suffer hearing loss. The 3M earplug litigation is the largest mass tort ever, but until now it has drawn very little attention from investors and financial analysts. That might be about to change. Over the last few days, market analysts from JP Morgan and Morningstar have started to raise some concerns and cautioned that 3M’s earplug liability could potentially be massive.

Background of the 3M Earplug Litigation

For over a decade, 3M’s Combat Arms Earplugs were standard issue equipment for all U.S. Military service members.  The earplugs were supposed to protect soldiers from hearing loss from loud noises, but in 2018 3M settled a false claims lawsuit with the U.S. Government alleging that 3M knew that design defects in the earplugs made them ineffective.

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.

IVC filters have been linked to an increased risk of fracture which can cause serious injury or death.  Our law firm is focused on Cordis and Cook IVC filter cases.

The IVC filter lawsuits have been going on for a long time, too long.  Our lawyers frequently get calls from people who are frustrated that their lawyer has “done nothing” to advance their case towards settlement. Our attorneys also get calls from victims who cannot find a lawyer.    This page gives you information if you have filed an IVC filter lawsuit or are thinking of filing such a claim.

There are now 8,255 Cook IVC filter lawsuits in the MDL at last check on May 16, 2022.

There is a lot of confusion out there about Mirena lawsuits.  Women are bewildered because there were so many lawyers in recent years who are looking to bring Mirena lawsuit.  There are still many Mirena lawsuit advertisements still up in 2022.  Yet they cannot find a lawyer for their case.

Imirena iud lawsuit updatef you are frustrated, I completely understand.  Let me try to explain because there are not a lot of good explanations out there online.

When these lawsuits began, plaintiffs’ lawyers filed thousands of Mirena lawsuits.  The focus in the litigation was:

  1. What Bayer HealthCare Pharmaceuticals knew about the risks associated with IUDs in general and, specifically, with Mirena?
  2. Why didn’t the company do a better job of communicating the risks of uterine perforation and migration?
  3. What Bayer tried to do to make its IUD as safe as possible?
  4. Were profits the motive to avoid making the warning clearer?

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