Top Product Liability Cases Of 2020: Midyear Review By Emily F ✓ Solved

Bayer's multibillion-dollar settlements over its weedkiller Roundup, herbicide dicamba and allegations over waterway contamination made Law360's list of the top product liability cases so far this year. Also making the list is a $186 million verdict in favor of consumers who claimed that Johnson & Johnson talc products caused their cancer.

In June, Bayer AG announced settlements totaling $11.22 billion to end claims over Roundup, dicamba, and allegations of contamination of U.S. waterways. This deal resolves the bulk of approximately 125,000 claims regarding whether Roundup causes non-Hodgkin's lymphoma. One group of plaintiffs led by Robert Ramirez withdrew its support for a $1.25 billion settlement aimed at resolving claims from individuals diagnosed or undiagnosed with cancer allegedly linked to Roundup, raising concerns about the settlement's constitutionality. Additionally, Bayer agreed to settle for $820 million over allegations of PCB contamination in U.S. waterways and $400 million regarding claims from soybean farmers affected by dicamba.

The Illinois Supreme Court ruled that the claims of over 150 nonresidents must be dismissed from lawsuits against Bayer related to Essure, a permanent birth control device. The court found that there were no jurisdictional links between the claims and Illinois, reversing previous lower court decisions. This ruling is significant because it reinforces the precedent set by the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court, limiting where plaintiffs can pursue claims against companies.

Johnson & Johnson faced devastating legal outcomes, including a $186 million jury verdict over claims that its baby powder was contaminated with asbestos. This case involved multiple plaintiffs with mesothelioma and highlighted the company’s alleged negligence in marketing a defective product that caused harm. A Miami jury also issued a $9 million verdict against J&J for causing another woman's mesothelioma. Due to declining consumer demand and rising litigation, J&J announced it would stop selling talc-based products in the U.S. and Canada, although it intends to continue defending the safety of these products in court.

In the Sixth Circuit, the court ruled that key cases against pharmacy chains like CVS and Walgreens could not include dispensing allegations that were added too late, a major decision in ongoing multidistrict litigation over the opioid crisis. This ruling underscored the need for clarity regarding the discretion of judges managing MDLs. The appeals court determined that allowing the amendment of complaints was improperly granted, thus affirming the limitations judges have in modifying claims during MDL proceedings.

Analysis of Major Developments in Product Liability Cases

The developments in product liability litigation during the first half of 2020 highlight the complexities and challenges of holding corporations accountable for alleged harmful products. Bayer’s substantial settlements reflect both the financial implications of mass tort litigation and the social responsibility companies bear when manufacturing and marketing products. The settlements serve not only to compensate affected individuals but also to potentially reshape industry practices concerning product safety and environmental regulations.

Furthermore, the Illinois Supreme Court's decision sheds light on the jurisdictional complexities in multi-state tort claims. Companies may now be less susceptible to lawsuits from out-of-state plaintiffs, which may affect where future claims can be filed. This ruling signifies a tightening of requirements for plaintiffs to establish links between their claims and the jurisdiction, thereby influencing strategic decisions by legal teams in the product liability space.

Johnson & Johnson’s legal battles and the resulting changes in product offerings underscore the intersection of corporate reputation, consumer trust, and public health. The company’s withdrawal from the talc market amid legal challenges indicates a shift in consumer perceptions influenced by ongoing litigation and media coverage. J&J’s situation exemplifies how product liability cases can have ripple effects on company policies and product lines.

Lastly, the Sixth Circuit's ruling on opioid claims serves as a reminder of the ongoing efforts to regulate the pharmaceutical industry amidst a national health crisis. As states and local governments pursue accountability from opioid manufacturers and distributors, the legal landscape continues to evolve, with courts examining the limits of judicial discretion in MDLs. Settling such cases carefully and justly remains a vital consideration, as they influence broader public health strategies.

Conclusion

The landscape of product liability litigation as seen in the first half of 2020 raises significant questions about corporate responsibility, consumer safety, and legal accountability. Bayer, Johnson & Johnson, and the pharmacy chains' cases exemplify critical issues in product liability law and its impact on public health. As these cases unfold, they will likely drive further debates on regulation, consumer protection, and the legal framework governing product safety.

References

• Field, E. (2020). Top Product Liability Cases Of 2020: Midyear Review. Law360.
• U.S. District Court for the Northern District of California. (2016). In re: Roundup Products Liability Litigation, case number 3:16-md-02741.
• U.S. District Court for the Eastern District of Missouri. (2018). In re: Dicamba Herbicides Litigation, case number 1:18-md-02820.
• Supreme Court of the State of Illinois. (2020). Christy Rios et al. v. Bayer Corp. et al., case number 125020.
• Superior Court of the State of New Jersey. (2020). Barden et al. v. Brenntag North America et al., case number L-.
• U.S. Court of Appeals for the Sixth Circuit. (2020). In re: CVS Pharmacy Inc. et al.
• U.S. Supreme Court. (2017). Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County.
• Beck, J. (2020). Commentary on Illinois Supreme Court ruling. Reed Smith LLP.
• Migliori, D. (2020). Johnson & Johnson talc litigation update. Motley Rice LLC.
• Kunen, M. (2020). Court ruling on J&J baby powder case in Florida. The Ferraro Law Firm.