RoundUp, Ozempic, Boy Scouts, MI Pharm Immunity & MORE - Mass Tort Updates w/ Joe Fantini - Feb '24

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PRESENTING Tort Talk Thursdays, hosted by Susan Barfield and Joe Fantini. Experienced mass tort attorney Joe Fantini joins host Susan to provide updates on major ongoing mass tort litigation as of February 2024. Joe begins by giving background on his extensive experience in mass tort law, including working on the plaintiff side, defense side, and clerking for a dedicated mass tort court. This diverse perspective gives him unique insights.

The first case they discuss is the Boy Scouts bankruptcy settlement. After years of negotiations, a $2.4 billion settlement was reached and approved on appeal. However, a group of plaintiffs recently petitioned the Supreme Court to stay the bankruptcy proceedings, arguing that non-bankrupt local councils and individuals shouldn't get liability protections through the bankruptcy. Justice Alito granted a stay, with a decision expected alongside the similar Purdue Pharma case. For firms with Boy Scout cases, Joe recommends continuing to prepare claims materials to be ready when the stay lifts.

Next, they cover recent developments in RoundUp litigation. After a string of defense verdicts in 2022, plaintiffs have momentum again thanks to recent large jury awards by firms like Klein and Specter and Arnold Itkin. With about a dozen more trials scheduled through mid-year, Joe expects global or inventory settlements to pick up.

Another important update, as Michigan repealing its pharmaceutical immunity law, which had provided blanket immunity to drug companies. This opens the door to opioid and other drug injury lawsuits in Michigan for harms occurring after 2/13/23.

One emerging mass tort poised for major growth is Ozempic. With over 10,000 expected cases, the litigation was recently consolidated before Judge Pratter in the Eastern District of Pennsylvania. Joe explains the injury criteria, including 30+ days of use, hospitalized GI injuries 30+ days after starting, and no prior gastric procedures. He anticipates significant activity in the second half of 2023.

Another likely new MDL is baby food litigation, after a prior consolidation attempt failed. A new petition cites over 3,500 plaintiffs. Key factors are autism or ADHD diagnoses 2+ years after 12+ months of baby food use. An early bellwether trial is already scheduled for this summer.