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Monsanto Co's Roundup is shown for sale in Encinitas, California, June 26, 2017. REUTERS/Mike Blake
(Reuters) – The coming year promises significant legal developments both in long-running litigation, like that over opioids, and in fast-growing newer multidistrict litigation, including the record-breaking flood of lawsuits over 3M Co's military earplugs. Here are some cases to watch in 2022:
OPIOID LITIGATION MARCHES ON
One of the top product liability stories of 2021 – the sprawling nationwide litigation over opioids – is likely to dominate headlines in 2022 as well. While Johnson & Johnson and the nation's top distributors have settled, other drugmakers and major pharmacy chains have not. Several trials are scheduled for 2022, including in cases brought by West Virginia and by San Francisco against drug companies. The outcomes of those cases could shape settlement negotiations between companies and the more than 3,000 state, local and tribal governments seeking to hold them responsible for fueling opioid addiction. Meanwhile, OxyContin maker Purdue Pharma will appeal an order throwing out the $4.5 billion settlement with its former Sackler family owners at the heart of its bankruptcy plan.
BAYER TURNS TO SUPREME COURT TO AVOID ROUNDUP LIABILITY
Bayer AG, facing more than 25,000 lawsuits claiming its Roundup weedkiller causes cancer, is asking the U.S. Supreme Court to throw out $25 million verdict for a California resident, Edwin Hardeman, as it seeks to avoid potentially billions of dollars in damages. The company has lost three appeals of multimillion dollar Roundup verdicts, and is pinning hopes for relief on the conservative-majority Supreme Court, which has a reputation for being pro-business. It argues it should not be penalized for marketing a product deemed safe by the EPA and on which the agency would not allow a cancer warning to be printed. The company has set aside $4.5 billion to resolve Roundup litigation in the event the Supreme Court rules against it.
ANOTHER WEEDKILLER MASS TORT GATHERS STEAM
A new multidistrict litigation is growing around another weedkiller, paraquat. Currently marketed by ChemChina's Syngenta under the brand name Gramoxone, and previously sold in partnership with Chevron, the commercial-grade herbicide has become more popular in recent years, partly thanks to plants becoming resistant to Roundup. The chemical has been banned altogether across much of the world, including by the European Union, China and Brazil, and U.S. plaintiffs allege it causes Parkinson's disease. Lawyers say the MDL, consolidated in the Southern District of Illinois, is unlikely to get as big as Roundup. Nonetheless, it carries significant potential liability for the two companies.
J&J FIGHTS TO UNLOAD TALC MASS TORT LIABILITY
A bankruptcy judge in New Jersey is expected to consider whether Johnson & Johnson can unload its liabilities related to talc, which tens of thousands of plaintiffs have said caused cancer, by transferring them to a subsidiary and placing it in bankruptcy. While a North Carolina bankruptcy judge had allowed the move, he subsequently sent the case to New Jersey, where most of the talc litigation is pending. Creditors of the bankruptcy subsidiary have disputed the legitimacy of the bankruptcy overall, saying J&J is trying to use it to gain an upper hand in existing talc litigation by preventing plaintiffs from having their day in court.
3M EARPLUG BELLWETHER TRIALS CONTINUE
Bellwether trials in the multidistrict litigation over 3M Co's military issue earplugs – the largest MDL in U.S. history – got underway in 2021. Such trials are meant to help parties reach a resolution, but so far the 3M cases have provided little clarity: out of 10 trials, plaintiffs and 3M have each won five. More than 270,000 claims are pending in the Northern District of Florida, and further bellwethers are scheduled in the coming year. Plaintiffs allege that the Combat Arms Earplugs version 2 were defective and caused them to develop hearing loss or damage.
Our Standards: The Thomson Reuters Trust Principles.
Brendan Pierson reports on product liability litigation and on all areas of health care law. He can be reached at brendan.pierson@thomsonreuters.com.
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