Updates on the Most Recent Mass Tort Cases: January 2024

The following mass tort or class action cases—Firefighting Foam, EzriCare Artificial Tears, Hair Relaxer, Camp Lejeune Toxic Water, Tylenol Autism—are moving forward at a fast pace. Here are updates on each one:

January 2024 AFFF Firefighting Foam Lawsuit Update

In January 2024, the focus of this lawsuit shifted to individual personal injury cases regarding exposure to AFFF. These personal injury lawsuits still focus mainly on firefighters or military members. This change has come after seeing other high-class MDLs settle for billions.

Recently, the AFFF firefighting foam MDL in the District of South Carolina reached its peak of monthly new cases, with 493 new lawsuits transferred into the MDL in June 2023. There are now over 5,000 plaintiffs looking to hold AFFF firefighting foam manufacturers accountable for exposing them to severe health risks.

Current developments in the PFAS-infected drinking water case could provide a framework for an AFFF firefighting foam lawsuit settlement. The Chemours Company, DuPont de Nemours, and Corteva have agreed to a $1.185 billion settlement for victims of PFAS-infected drinking water, with 3M Company agreeing to a $10.3 billion settlement. With recent reports of PFAS in firefighting equipment, plaintiffs could see payment if they are successful in bellwether trials.

  • The number of lawsuits filed against AFFF manufacturers has continued to grow, with over 3,000 cases now pending in multidistrict litigation (MDL) in the US District Court for the Northern District of California.
  • The plaintiffs in these lawsuits allege that they developed cancer or other health problems as a result of exposure to AFFF, which is a fire suppressant that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS).
  • The defendants in these lawsuits, including 3M, DuPont, and Chemours, have denied any wrongdoing and have said that the plaintiffs’ claims are not supported by the science.
  • The MDL judge has set a trial date for the first group of cases in February 2024.
  • In the meantime, the plaintiffs are continuing to gather evidence and prepare for trial. They are also working to raise awareness about the potential health risks of PFAS exposure.

If you have suffered from cancer or another serious illness from AFFF exposure, you should contact the AFFF Firefighting Foam Lawyers at The Russo Firm right away.

January 2024 EzriCare Artificial Tears Lawsuit Update

As of January 2024, these lawsuits are still in their early stages. Some victims have experienced vision loss as a result of their eye infections, only reinforcing their need for compensation. These cases have still not been consolidated into multidistrict litigation.

As of July 2023, there have been 81 cases of bacterial eye infections across 18 states caused by EzriCare Artificial Tears. A recent investigation from the Federal Drug Administration (FDA) discovered that the contamination of the eye care product could have happened because of negligent practices at a Global Pharma Healthcare manufacturing plant. Their investigation into one of their plants in India found safety concerns like a lack of proper sterility, improper use of manufacturing equipment, unclean working spaces, and a failure to test chemical compounds before using them for manufacturing products.

There are currently 14 EzriCare Artificial Tears lawsuits filed in federal court. However, this number can increase as more victims look to hold Global Pharma Healthcare for exposing them to dangerous bacteria that can cause severe eye infections and vision loss.

  • The FDA has issued a warning not to use EzriCare artificial tears due to potential contamination with Pseudomonas aeruginosa bacteria.
  • The CDC has reported 81 infections in 18 states linked to EzriCare artificial tears, including four patients who had their eyeballs surgically removed, 14 patients who reported vision loss, and four patients who died.
  • Several lawsuits have been filed against EzriCare and the retailers that sold the product.
  • EzriCare has recalled all of its artificial tears products.
  • In August 2023, the FDA issued a warning not to use EzriCare artificial tears due to potential contamination with Pseudomonas aeruginosa bacteria. Pseudomonas aeruginosa is a type of bacteria that can cause serious eye infections, including corneal ulcers, endophthalmitis, and vision loss.
  • The CDC has reported 81 infections in 18 states linked to EzriCare artificial tears. Of these infections, four patients had their eyeballs surgically removed, 14 patients reported vision loss, and four patients died.
  • Several lawsuits have been filed against EzriCare and the retailers that sold the product. These lawsuits allege that the defendants knew or should have known about the risk of contamination and failed to warn consumers.
  • EzriCare has recalled all of its artificial tears products. The company has also issued a statement apologizing for the recall and stating that it is committed to ensuring the safety of its products.

The EzriCare artificial tears lawsuit is a complex case with no easy answers. It is still too early to say how the case will ultimately be resolved. However, the growing number of lawsuits and the seriousness of the injuries that have been reported suggest that this case is likely to have a significant impact on the eye care industry.

If you or someone you know has been injured by EzriCare artificial tears, you should speak to an attorney to discuss your legal options.

January 2024 Hair Relaxer Lawsuit Update

As of January 2024, there are 8,026 pending cases in the hair relaxer MDL. This lawsuit has been developing quickly, as new cases are being added at an extremely rapid rate. In the past month, nearly 2,000 new cases have been added to the MDL.

Additionally, a Master Complaint has been formulated in order to streamline the litigation process. The Master Complaint contains a list of the allegations showing the association between exposure to certain hair relaxers and injuries obtained.

June saw the highest number of lawsuits added to the hair relaxer MDL, with 87 new cases added to the consolidated lawsuit. There are now 236 pending cases in the hair relaxer MDL, with the pretrial discovery phase approaching soon. Recently, hair relaxer defendants filed a motion for discovery to only focus on general causation as an attempt to delay court cases.

Judge Mary Rowland has ordered the defendants to respond to the plaintiff’s list of harmful hair-relaxing products that they believed caused hormone-sensitive health issues. The defendants must address whether they want these products to be named during court trials. A hair relaxer MDL status conference will be held on August 23rd, where new developments will come to light.

  • The number of lawsuits filed against hair relaxer manufacturers has continued to grow, with over 275 cases now pending in a multidistrict litigation (MDL) in the US District Court for the Northern District of Illinois.
  • The plaintiffs in these lawsuits allege that they developed uterine cancer or other health problems as a result of using hair relaxers that contain phthalates, a group of chemicals that have been linked to cancer.
  • The defendants in these lawsuits, including L’Oreal, SoftSheen-Carson, and Revlon, have denied any wrongdoing and have said that the plaintiffs’ claims are not supported by the science.
  • The MDL judge has set a trial date for the first group of cases in February 2024.
  • In the meantime, the plaintiffs are continuing to gather evidence and prepare for trial. They are also working to raise awareness about the potential health risks of hair relaxers.
  • In August 2023, the MDL judge approved a short-form complaint that will be used by plaintiffs to file new lawsuits in the MDL. This will streamline the process of filing new lawsuits and make it easier for plaintiffs to join the case.
  • The MDL judge also approved a motion to bifurcate discovery, which means that the discovery process will be divided into two phases. The first phase will focus on the issue of liability, and the second phase will focus on the issue of damages. This will help to speed up the discovery process and make it more efficient.
  • The plaintiffs have also filed a motion for class certification, which would allow them to represent a larger group of people who have been injured by hair relaxers. The MDL judge has not yet ruled on this motion.

The hair relaxer lawsuit is a complex case with no easy answers. It is still too early to say how the case will ultimately be resolved. However, the growing number of lawsuits and the upcoming trial date suggest that this case is likely to have a significant impact on the hair relaxer industry.

The hair relaxer lawsuit is a developing story, and it is important to stay up-to-date on the latest developments. If you have any questions about the lawsuit, you should speak to an attorney.

January 2024 Camp Lejeune Toxic Water Lawsuit Update

In January 2024, Judge Robert Jones presided over a Camp Lejeune water contamination lawsuit status conference. During this conference, parties informed the court that Track 1 Camp Lejeune depositions had begun.

Since the Camp Lejeune Justice Act was passed in August 2021, over 70,000 administrative claims and 1,000 Camp Lejeune lawsuits have been filed. Despite this high volume of Camp Lejeune toxic water victims trying to recover damages, the Navy Judge Advocate General has offered no settlements. This lack of progress led U.S. Senators and members of Congress to write a strong letter to the Department of Justice (DOJ) and Navy JAG to address Camp Lejeune’s toxic water claims and lawsuits to provide economic relief for victims.

The most recent updates involve law firms falsely advertising to Camp Lejeune contaminated water victims. Many have suggested through television and online advertisements that they have earned settlements for toxic water victims despite no settlements being offered yet. Three law firms are facing civil lawsuits for false advertising that violated the Telephone Consumer Protection Act (TCPA).

  • The settlement fund for the lawsuit has reached $1.9 billion, with an additional $900 million available for future claims.
  • The deadline for filing claims has been extended to December 31, 2023.
  • The Department of Veterans Affairs (VA) has begun providing medical care to veterans who were exposed to the contaminated water.
  • The VA has also created a registry for veterans who were exposed to the water.

Navy and Justice Department Introduce Elective Option

The Elective Option is a new program announced in early September that allows people who were exposed to contaminated water at Camp Lejeune to receive a certain payout without having to go to court. This option is faster and more certain than going through the legal process, which can take months or even years.

The payouts range from $150,000 to $450,000, depending on the severity of the injuries. If the exposure resulted in a death, an additional $100,000 is offered.

The Navy and Justice Department will reach out to people who qualify for the Elective Option and offer them a set amount of money. People who choose to participate in the program will be waiving their right to sue the government.

The Camp Lejeune toxic water lawsuit is a major victory for veterans and their families. The settlement fund will provide much-needed compensation for those who have been injured by the contaminated water. The VA’s medical care and benefits will also help veterans who have been affected by the water. The registry will help veterans track their exposure to the water and connect with other veterans who have been affected.

The Camp Lejeune toxic water lawsuit is a reminder of the importance of protecting our environment and the health of our citizens. It is also a reminder that the government has a responsibility to those who have been injured by its negligence.

January 2024 Tylenol Autism Lawsuit Update

On January 11th, 2024, the federal MDL was dismissed by Judge Cote after a hearing in December. Unfortunately, this likely means the end of the Tylenol Autism lawsuit. However, the plaintiffs’ lawyers are still considering an appeal.

The Tylenol autism MDL in the Southern District of New York saw  64 new cases added in June 2023, with over 200 cases pending in the consolidated lawsuit. The MDL is currently in the pretrial discovery phase. The plaintiffs in the Tylenol autism MDL have recently submitted expert reports to support their claims about prenatal Tylenol use causing children to experience autism.

The defendants still need to file their expert reports. Once they do, expert depositions will occur where questions will be asked about the case’s details to confirm the science behind Tylenol causing autism. Judge Denise Cote will have to use these expert reports and depositions to determine if enough scientific evidence supports the plaintiffs’ accusations that Tylenol causes autism.

The Tylenol autism lawsuit is still ongoing, with no clear resolution in sight. The plaintiffs, who are represented by the law firm Beasley Allen, allege that their children developed autism after being exposed to Tylenol in the womb. They claim that Tylenol can cross the placenta and harm a developing fetus.

The defendants, Johnson & Johnson, deny any wrongdoing. They say that there is no scientific evidence to support the claim that Tylenol causes autism. They also argue that the plaintiffs’ children may have developed autism for other reasons, such as genetics or environmental factors.

The case is currently in the discovery phase, which is when both sides gather evidence. The plaintiffs have filed a motion for class certification, which would allow them to represent a larger group of people who have also allegedly developed autism after being exposed to Tylenol.

It is unclear how long the case will take to resolve. It could be years before there is a verdict.

In the meantime, the plaintiffs are continuing to fight for their children. They believe that Tylenol is a dangerous drug that should be taken off the market. They are also raising awareness about the potential risks of Tylenol exposure during pregnancy.

The Tylenol autism lawsuit is a complex case with no easy answers. It is a reminder that even common over-the-counter drugs can have serious side effects. It is important to talk to your doctor about the risks and benefits of any medication before taking it, especially if you are pregnant.

Article written or reviewed by:

Attorney Anthony Russo

Attorney Anthony Russo

Managing Partner and Lawyer at The Russo Firm

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