We were greatly disappointed to learn that the United States Court of Appeals for the First Circuit has denied the plaintiffs’ appeal in the Zofran litigation. This ruling upheld the MDL judge’s decision dismissing the cases under the doctrine of “clear evidence preemption.” As a result, after eight years of fighting on behalf of injured …
Judge Rogers Orders Mediation in 3M Earplug Litigation
Here’s welcome news. Today, Judge Rogers has ordered that the parties engage in a multi-day mediation within the next 30 days before seasoned Special Master Randi Ellis. Quoting from some of Aearo’s briefing in the bankruptcy case, Judge Rogers said that now that the Bankruptcy Court has denied 3M’s request for a stay of proceedings, …
Exactech Expands Orthopedic Hip Implant Recall
As you may recall, in July 2021, Exactech issued an urgent worldwide recall regarding its Connexion GXL hip implant due to the inserts being stored in “non-conforming” vacuum bags. As stated in the recall letter – in Exactech’s own words – the consequence of the defective bags is there is: Increased oxygen diffusion to the …
President Biden Signed the PACT Act Into Law — August 10, 2022
President Biden signed the PACT Act today after Senate Republicans relented to pressure from veterans groups and activists. The Act gives Camp Lejeune victims a 2-year deadline from today to file their civil lawsuit. This means that all Camp Lejeune victims will have until August 10, 2024, to bring their claims under the Act. From …
July 28, 2022 Update — 3M Subsidiary Seeks to Shield Itself From Liability
Without shame, 3M decided it shouldn’t have to defend itself in the tort system any longer. In a legal maneuver that can only be seen as yet another slap in the face to military veterans, 3M attempted to brush off its responsibility by having Aearo Technologies, its subsidiary and the original supplier of the earplugs, …
3M Manipulates Legal System to Deny Responsibility to Injured Veterans
Without shame, 3M decided it shouldn’t have to defend itself in the tort system any longer. In a legal maneuver that can only be seen as yet another slap in the face to military veterans, 3M attempted to brush off its responsibility by having Aearo Technologies, its subsidiary and the original supplier of the earplugs, …
3M Ear Plug Litigation – Are 3M Shareholders Paying Attention?
This week the Wall Street Journal published an article entitled, 3M Faces Potentially Billions In Liabilities Over $7.63 Earplugs. The article chronicles the ear plug litigation against 3M in advance of the court-ordered mediation. In the first three months of 2022, 3M estimated legal fees of $63 million dollars related to the earplug lawsuit …
Zofran – Update on the Appeal — Briefs Attached
Recap of Zofran MDL By way of recap, on June 1, 2021, Judge Saylor, the federal court judge overseeing the Zofran multi-district litigation, granted the GSK’s motion for summary judgment on the issue of federal preemption. The core of Judge Saylor’s reasoning is that Judge Saylor believed that there was “clear evidence” that had GSK …