Viberzi Emerging Litigation   

 Emerging Viberzi Litigation  

Viberzi Litigation

   

 

 

 

 

 

 

 

 

 

Viberzi made by Allergan received FDA approval subsequent to New Drug Application (NDA:206940) in May of 2015.

Since its approval the makers of Viberzi have flooded the media with advertisements, primarily directed toward women, featuring a now familiar female character wearing a jumpsuit featuring print depicting a portion of the human gastro-intestinal system.

 

FDA Communication Excerpt on Viberzi:

“FDA is warning that Viberzi (eluxadoline), a medicine used to treat irritable bowel syndrome with diarrhea (IBS-D), should not be used in patients who do not have a gallbladder. An FDA review found these patients have an increased risk of developing serious pancreatitis that could result in hospitalization or death. Pancreatitis may be caused by spasm of a certain digestive system muscle in the small intestine. As a result, FDA is working with the Viberzi manufacturer, Allergan, to address these safety concerns.

Health care professionals should not prescribe Viberzi in patients who do not have a gallbladder and should consider alternative treatment options in these patients. Hospitalizations and deaths due to pancreatitis have been reported with Viberzi use in patients who do not have a gallbladder. Symptoms of pancreatitis have occurred with just one or two doses of Viberzi at the recommended dosage for patients who do not have a gallbladder (75 mg), and who do not consume alcohol.”

Viberzi Emerging Litigation

Gallstone disease is one of the most common of all digestive diseases. The U.S. Centers for Disease Control and Prevention estimates that 6.3 million men and 14.2 million women in the United States have gallbladder disease. There is marked variation in the prevalence between ethnic groups

Approximately 700,000 individuals in the U.S.  have their gallbladder removed each year.

How to Learn More About the Emerging Viberzi Litigation

The emerging Viberzi Litigation will be used as a case study in the May 18 – 21, 2018 Mass Tort Nexus, “Four Days to Mass Tort Success Course” to register for the May Course, contact Jenny Levine at jenny@masstortnexus.com or call (954) 520-4494.

For information on the class and to enroll, use this link-“Enroll Here To Attend “Four Days to Mass Tort Success”

 

Course attendees will receive the benefit of a step by step analysis of the emerging Viberzi

Litigation, using these primary metrics:

 

Mass Tort Nexus Metrics

 

 

 

 

 

 

 

 

 

 

 

 

 

See endorsements below of some of the top mass tort trial lawyers in the country who’ve attended the Mass Tort Nexus Immersion Course>

 

 

The Mass Tort Nexus Classes on Emerging Litigation and Ongoing Mass Torts are considered the premier source in the country to learn about the fundamentals of mass torts and how to enhance your firm practice, increase revenues and manage the related business operations effectively.  Don’t wait for the next class or next year, enroll today and learn what others already have, Mass Torts are where your firm can and will grow its practice.

 

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Varubi Emerging Litigation

 Emerging  Varubi Litigation

 

 

 

 

 

 

 

 

 

 

 

VARUBI®(rolapitant) was originally developed by Schering-Plough Corp. and after the merger with Merck & Company they began marketing in November 2009. Tesaro Inc. has since licensed Varubi.

January 2018 FDA Communication Excerpt: 

“Anaphylaxis, anaphylactic shock and other serious hypersensitivity reactions have been reported in the postmarketing setting, some requiring hospitalization. These reactions have occurred during or soon after the infusion of Varubi (rolapitant) injectable emulsion. Most reactions have occurred within the first few minutes of administration. Symptoms of anaphylaxis can include wheezing or difficulty breathing; swelling of the face or throat; hives or flushing; itching; abdominal cramping, abdominal pain or vomiting; back pain or chest pain; hypotension or shock. Anaphylaxis or anaphylactic shock are serious medical conditions which if not promptly treated can result in death”

Where to Learn More About the Emerging Varubi Litigation

The emerging Varubi Litigation will be used as a case study in the May 18 – 21, 2018 Mass Tort Nexus, “Four Days to Mass Tort Success Course” To register for the May Couse, contact Jenny Levine at jenny@masstortnexus.com or call (954) 520-4494.

For information on the class and to enroll, use this link-“Enroll Here To Attend “Four Days to Mass Tort Success”

 

Course attendees will receive the benefit of a step by step analysis of the emerging Varubi Litigation using these primary metrics:

 


Mass Tort Nexus Metrics

 

 

 

 

 

 

 

 

 

 

 

 

 

Some of the top mass tort trial lawyers in the country have endorsed the Mass Tort Nexus Immersion Course>

 

 

 

The Mass Tort Nexus Classes on Emerging Litigation and Ongoing Mass Torts are considered the premier source in the country to learn about the fundamentals of mass torts and how to enhance your firm practice, increase revenues and manage the related business operations effectively.  Don’t wait for the next class or next year, enroll today and learn what others already have, Mass Torts are where your firm can and will grow its practice.

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Defective Airbag Maker Takata Files for Bankruptcy

Flying shrapnel from Takata airbag explosion.
Flying shrapnel from Takata airbag explosion.

Update: Plaintiff lawyers told a U.S. bankruptcy court judge that  Takata Corp.’s restructuring plan is being skewed to benefit automakers over the victims of exploding air bags.

Japanese air bag maker Takata Corp. has filed for bankruptcy protection in Tokyo and the U.S., overwhelmed by lawsuits and recall costs of its faulty airbag inflators that are connected to the death of at least 16 people, according to the Associated Press.

Takata said that rival Key Safety Systems of suburban Detroit will buy its assets for $1.6 billion.

In addition to the fatalities, the defective airbags caused at least 180 injuries and touched off the largest automotive recall in U.S. history.

The solid chemical propellant used in Takata airbags deteriorates over time, particularly under high humidity. This builds up excessive pressure in the metal inflator housing, causing it to rupture. When the air bag deploys, metal shrapnel launches through the bag and at the occupants in the vehicle, according to lawyer Kim Adams.

Nearly eight million vehicles by 10 different manufacturers may be affected, according to Consumer Reports. They include vehicles made by:

  • Acura
  • BMW
  • Chrysler
  • Dodge
  • Ford
  • General Motors
    • Buick
    • Cadillac
    • Chevrolet
    • GMC
    • Pontiac
  • Honda
  • Infiniti
  • Lexus
  • Mazda
  • Nissan
  • Subaru
  • Toyota

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Generic Taxotere Lawsuits Allowed in Federal MDL

The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) has allowed claims involving generic docetaxel, a chemotherapy drug, to be included in the Taxotere MDL now underway in the Eastern District of Louisiana.

Judge Sarah S. Vance, Chair of the JPMDL, stated in a letter that the consolidated litigation does include lawsuits against both name-brand and generic forms of the drug.

The panel’s letter was in response to District Judge Kurt D. Engelhardt, who wrote to the panel for clarification in December. Judge Engelhardt is overseeing 1,006 lawsuits filed in 2740, IN RE: Taxotere (Docetaxel) Products Liability Litigation.

Half of cases against generics

Taxotere, manufactured by Sanofi, lost its patent protection in late 2010. Half of the cases in the MDL involve generic and quasi-generic manufacturers, whose products obtained FDA approval under 21 USC Sec. 505(b)(2) and not through the more traditional generic approval under 21 USC Sec. 505(j).

The plaintiffs charge that they experienced permanent hair loss following treatment with the chemotherapy agent. While Taxotere was first approved to treat breast cancer in 1996, it wasn’t until December 2015 that mention of permanent alopecia (hair loss) was included on the drug’s U.S. label. It is true that alopecia is a common side effect of chemotherapy.

It is true that alopecia is a common side effect of chemotherapy. However, plaintiffs claim that Taxotere is more likely to result in the permanent loss of hair compared to other equally effective drugs. They also claim that Sanofi-Aventis has long provided information about the potential for permanent alopecia to each patient and regulatory agencies overseas. Yet Taxotere’s U.S. label only included a generic, vague, and insufficient warning that “hair generally grows back.”

Back in December 2016, when only 267 cases were filed in the MDL, Judge Engelhardt appointed plaintiff and defense settlement committees, calling on them to focus less on preparing for trial and more on resolving the case.

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Hearing Set for MDL in Ethicon Physiomesh Hernia Repair Product Litigation

The Judicial Panel on Multidistrict Litigation will hold a hearing on May 25, 2017 on a plaintiffs’ motion to create a new MDL No. 2782 for Physiomesh Flexible Composite hernia mesh litigation against Ethicon and Johnson & Johnson.

The hearing will take place in the John H. Wood, Jr. United States Courthouse Courtroom in San Antonio, Texas.

More than 330,000 Physiomesh devices have been sold worldwide, and the plaintiffs believe about 50% of those products were sold in the United States. It is expected that hundreds of additional cases will be filed in the near future.

So far, 18 actions are pending in 9 federal district courts.

Unique 5-layer design

Physiomesh is a synthetic mesh hernia repair device is an implantable synthetic surgical mesh product sold for use in hernia repair implanted through laparoscopic herniorrhaphy.

Physiomesh has a unique design incorporating five distinct layers: two layers of polyglecaprone-25 (“Monocryl”) film covering two underlying layers of polydioxanone film (“PDS”), which in turn coat a polypropylene mesh. This design has never been used in any other hernia repair product sold anywhere in the world.

The multi-layer coating was promoted by the defendants to prevent or minimize adhesion and inflammation and to facilitate incorporation and fixation of the mesh into the abdomen. However, the plaintiffs intend to demonstrate that the multi-layer coating instead prevented adequate incorporation of the mesh and caused or contributed to a variety of serious complications.

Additional surgeries needed

In addition, the polypropylene mesh portion of the Physiomesh was insufficient to withstand normal abdominal forces, which often resulted in herniation through the mesh itself, recurrent hernia formation and/or rupture and deformation of the mesh itself. The defendants ultimately voluntarily withdrew the Physiomesh device from the market in May 2016, which the plaintiffs intend to establish was a direct consequence of the frequency and severity of the complications experienced with this product worldwide.

The lawsuits charge that the devices implanted in their bodies were defectively designed or manufactured, and that the defendants failed to provide appropriate warnings and instructions regarding the dangers posed by these devices. The plaintiffs suffered serious and often permanent physical injuries from the implantation of the Physiomesh, often requiring additional surgeries, additional medical expenses, and unresolved medical complications. Where applicable, these implant plaintiffs’ spouses have alleged claims for loss of consortium.

The Judicial Panel on Multidistrict Litigation has previously created MDLs for similar implantable surgical mesh devices:

  • In re Protegen Sling and Vesica Systems Prods. Liab. Litig., MDL No. 1387 (J.P.M.L. 2001)
  • In re Kugel Mesh Hernia Patch Litigation, 493 F.Supp.2d 137, MDL No. 1842 (J.P.M.L. 2007)
  • In re Mentor Corp. ObTape Transobturator Sling Prods. Liab. Litig., 588 F. Supp. 2d 1374, MDL No. 2004 (J.P.M.L. 2008)
  • In re Avaulta Pelvic Support Sys. Prods. Liab. Litig., MDL No. 2187 (J.P.M.L. 2010)
  • In re American Medical Systems, Inc., et al., Pelvic Repair Systems Prods. Liab. Litig., 844 F.Supp.2d 1359, MDLs Nos. 2325, 2326, 2327 (J.P.M.L. 2012) (3 separate pelvic mesh MDLs)
  • In re Coloplast Corp. Pelvic Repair Support Sys. Prods. Liab. Litig., 883 F.Supp.2d 1348, MDL 2387 (J.P.M.L. 2012)
  • In re Cook Medical, Inc., Pelvic Repair Sys. Prods. Liab. Litig., 949 F.Supp.2d 1373, MDL 2440 (J.P.M.L. 2013)
  • In re Neomedic Pelvic Repair Sys. Prods. Liab. Litig., 999 F.Supp.2d, MDL 2511 (J.P.M.L. 2014)
  • In re Atrium Medical Corp. C-Qur Mesh Prods. Liab. Litig., MDL 2753 (J.P.M.L.2016).

Recommended judges

If the Panel transfers the cases to the Middle District of Florida, the plaintiffs recommended Judges Paul G. Byron, James D. Whittemore and Susan C. Bucklew. In the Southern District of Illinois, the plaintiffs recommended Judge David R. Herndon who is presiding over two MDLs, In re Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Prods. Liab. Litig., MDL 2100, and In re Pradaxa (Dabigatran Etexilate) PL, MDL 2385.

In the Praxada MDL, Judge Herndon helped to facilitate a global settlement of over 2,600 constituent cases in under 22 months. Judge Herndon managed this settlement quickly and efficiently. Similarly, in the Yaz MDL which involved nearly 12,000 cases, Judge Herndon facilitated a mass settlement initiative in under 27 months.

The plaintiffs’ attorneys include:

  • Henry G. Garrard, III, James B. Matthews and Josh B. Wages of  Blasingame, Burch, Garrard & Ashley, in Athens, GA.
  • Douglas A. Kreis, Bryan F. Aylstock, and Daniel Thornburgh D. Thornburgh of Aylstock, Witkin, Kreis & Overholtz in Pensacola, FL.
  • Donald A. Migliori of Motley Rice in Mount Pleasant, SC.
  • Jonathan D. Orent of Motley Rice LLC in Providence, RI.
  • Joseph A. Osborne of Osborne & Associates Law Firm in Boca Raton, FL.

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Join us March 10-13 for the “Four Days to Mass Tort Success Course” in Fort Lauderdale

 
Contact Barbara Capasso at (954) 383-3932 
or barbara@masstortnexus.com for more information. 

The upcoming year promises to create more opportunities  than ever  for Plaintiff Attorneys who currently practice Mass Torts, or are interested in adding Mass Torts to their current practice.

Mass Tort Nexus is currently tracking  and researching over 300 potential Mass Tort cases, many of which may reach the litigation phase in 2017. 

Over 250 attorneys have already attended the Mass Tort Nexus Four Days to Mass Tort Success Course. We only accept 20 attorneys per course and the March Course has just 4 seats remaining.

It’s your turn to gain inside knowledge of the only practice area that provides true economies of scale and the opportunity to work smarter, not harder.

Whether you are a Mass Tort pro, dabbled in Mass Torts, or are new to the practice area, the “Four Day Mass Tort Success Course” will help you avoid common mistakes, while giving you a road map to success in Mass Torts.  We teach you a step- by-step process to ensure you understand the methods and metrics of this practice area.

In addition to the hands-on, how-to instruction attendees will receive,  our panel of experts will be presenting real world case studies related to emerging and ongoing litigations.

NEW HOT EMERGING LITIGATIONS 

Liva Nova Stockert 3T System – Potentially Deadly Infections
Fortify and Quadra Assura Litigation Stemming From FDA Recall
Mirena Intra Cranial Pressure  (New Mirena Litigation)
Atrium C-Qur Hernia Mesh
Ethicon Physiomesh  Hernia Mesh
 

NEW AND ONGOING HIP LITIGATIONS 

Tandem Bipolar Hip System
 Profemur Hip  System
LFIT V 40 Acetabular  Cup
New Information on Metalosis 

 VITAL UPDATES ON IMPORTANT CURRENT  LITIGATIONS

Taxotere – Permanent Hair Loss      
Proton Pump Inhibitors – Kidney Damage
Xarelto – Bleeding and Ishemic Stroke            
 Pradaxa – State Court Consolidations
All IVC  Filters – not just Bard and Cook                 
Abilify- Compulsive Behavior
Fluoroquinolones –  more than peripheral neuropathy 

Our Panel of Expert Speakers

Attorney James Onder
 
James (Jim) Onder is well known for his multiple  fifty million dollar plus Talcum Powder Ovarian Cancer verdicts. Jim’s vastexperience in numerous Mass Tort litigations makes him an invaluable resource.
Jim and other members of his firm, have served as co-lead counsel and in various leadership positions on numerous MDLs. The opportunity to hear James speak about a difficult litigation, that he and his co-counsel firms managed to achieve massive jury awards will be an opportunity you won’t want to miss.
 
Attorney John Dalimonte 
 
John Dalimonte currently serves on the Steering Committee of the Cook Medical IVC Filter Litigation and the Bard IVC Filter Litigation. He will be speaking about  the Cook and Bard IVC Filter Litigations, as well as other ongoing and emerging IVC Filter Litigations, which involve additional IVC manufacturers.  John has served in leadership positions on a number of MDLs and was Co-Lead Counsel in the Vioxx Product Liability Litigation.
The IVC Filter Litigation may be one of the largest mass product liability litigation’s of all time, with respect to the number of plaintiffs and payouts. This litigation puts the “complex” in complex litigation and the opportunity to interact with one of the leading attorneys in this case is invaluable.
Attorney Ryan Thompson
 
  Not yet forty years old, Ryan has already has an impressive record of achievements, that most lawyers would consider a stellar lifetime career. He served as Co-Lead Counsel on the Incretin Memetics Litigation, as well as in leadership positions on numerous MDLs. Ryan is often involved in emerging litigations in a major way. His grasp of the science involved in pharmaceutical and medical device litigation and his willingness to take risks, have resulted in his incredible rise in the world of Mass Tort litigation.
 
One of Ryan’s early victories involved taking on a major credit reporting agency and collecting 28 Million dollars, in a litigation other firms had overlooked. Ryan brings a unique perspective to Mass Torts. It is a privilege to hear Ryan speak and even more of a privilege to get to know him.
 
 Attorney Darin Schanker
Darin  has over a decade of experience in Mass Tort litigation. Darrin and his law partner, Kyle Bachus were the driving force behind the current Taxotere litigation.  Darin and Kyle were responsible for the voluminous research and work that led to the discovery of the devastating effects of Taxotere.
 
Although many attorneys have represented clients in mass tort litigation’s, few have “discovered” the cause of action and developed the first client case for a new litigation. The opportunity to hear Darrin speak should not be missed. 

Attorney Greg Rueb

Greg has tried over 75 Jury Trials with only one loss. He has established himself as an elite trial attorney and hard nosed negotiator. Greg currently serves in leadership positions on a number of ongoing Mass Tort litigations. Having taken and defended over 750 depositions, he has developed a unique perspective and an ability to unearth the facts defendants most want to keep hidden. He is a major force in Mass Tort litigation as well as an extremely informative speaker.
Contact Barbara Capasso at (954) 383-3932 or barbara@masstortnexus.com
for information and to book your seat for the March Course.

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Judge Seeks Lead Counsel in Roundup Products Liability Litigation

roundup-cancerUS District Judge Vince Chhabria requested attorneys who wish to be lead counsel in In Re: Roundup Products Liability Litigation, MDL No. 2741, Case 3:16-md-02741-VC, to submit applications by October 20, when the first pretrial conference will be held in San Francisco.

The Judicial Panel on Multidistrict Litigation (JPML) created the new MDL in the Northern District of California. There are currently 21 actions pending in 14 districts. Including the potential tag-along actions, there are now 37 actions pending in 21 districts. More than 10 different law firms represent plaintiffs in these actions, which were spread across the country.

In the Oct. 6 order, Judge Chhabria stated that the parties will discuss:

  • The appointment of liaison and lead counsel for the plaintiffs.
  • The possibility of bifurcating proceedings to address general causation before any plaintiff-specific questions.
  • The schedule for discovery.
  • The merits of appointing an independent expert at the parties’ shared expense.

Causes cancer

The MDL Court noted that in the two actions previously pending in the Northern District of California, it had granted Monsanto’s request to bifurcate the proceedings. “However, because not all parties to the MDL have had an opportunity to be heard on this issue, the Court will consider additional arguments regarding bifurcation at the case management conference,” the judge wrote.

Three attorneys have submitted applications to be lead counsel including Robin Greenwald of Weitz & Luxenberg, Hunter Lundy of Lundy, Lundy, Soileau & South LLP, and Aimee H. Wagstaff of Andrus Wagstaff.

These lawsuits allege that Monsanto’s Roundup herbicide, particularly its active ingredient, glyphosate, causes non-Hodgkin’s lymphoma (cancer of the lymph nodes). Plaintiffs each allege that they or their decedents developed non-Hodgkin’s lymphoma after using Roundup over the course of several or more years. Plaintiffs also allege that the use of glyphosate in conjunction with other ingredients, in particular the surfactant polyethoxylated tallow amine (POEA), renders Roundup even more toxic than glyphosate on its own.

For more information read New Illinois Lawsuit Charges Monsanto’s Roundup Causes Cancer

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November 2016 Mass Tort Course

Please join us  Nov 11th – Nov 14th  for the

“Four Days to Mass Tort Success Course”

 
Contact Barbara Capasso at (954) 383-3932 
or barbara@masstortnexus.com for more information. 
 
In addition to the hands-on practical knowledge all course attendees receive, we are privileged to have an All-Star panel of attorney speakers discussing current, emerging and ongoing Mass Tort Litigations.
 
Best of all, this program will be interactive.  There will be 
ample Q&A after each presentation.
 
Whether you have dabbled in Mass Torts or are new to the practice area, the “Four Day Mass Tort Success Course” will help you avoid common mistakes, while giving you a road map to success in Mass Torts.  We teach you a step by step process to ensure you understand the methods and metrics of this
practice area. 
 
View the videos to the right to hear what past course attendees have to say about the
Mass Tort Nexus “Four Days to Mass Tort Success Course.”
 
 
 

Taxotere Product Liability Litigation

 
Chris Elliot is the managing attorney of Mass Torts, at the Law Firm of Bachus & Shankner, in Denver, Colorado. Chris was instrumental in filing of the first Taxotere case, as well as the motion for consolidation, which was granted by the JPML on October 4th, 2016 forming MDL 2740.

Chris will be presenting information essential to any attorney interested in the Taxotere  Litigation. Attorneys who wish to expand their knowledge base on this case, will not want 

to miss the opportunity to get the latest information on this emerging 
litigation.

Talcum  Powder Product Liability Litigation

 
James Onder will be speaking on the subject of the Talcum Powder Litigation. He is one of the lead attorneys in the City of St. Louis consolidation, which has already produced multiple Jury verdicts exceeding fifty million dollars each.
 
James, and other members of his firm, have served as co-lead counsel and in various leadership positions on numerous MDLs. The opportunity to hear James speak about a difficult litigation, that he and his co-counsel firms managed to achieve massive jury awards in will be  an opportunity you won’t want to miss.
 

IVC Filter Product Liability Litigation

 
John Dalimonte currently serves on the Steering Committee of the Cook Medical IVC Filter Litigation and the Bard IVC Filter Litigation. He will be speaking about  the Cook and Bard IVC Filter Litigations, as well as other ongoing and emerging IVC Filter Litigations, which involve additional IVC manufacturers. John has served in leadership positions on a number of MDLs and was Co-Lead Counsel in the Vioxx Product Liability Litigation.
The IVC Filter Litigation may be one of the largest mass product liability litigation’s of all time, with respect to the number of plaintiffs and payouts. This litigation puts the “complex” in complex litigation and the 
opportunity to interact with one of the leading attorneys in this case is invaluable.

Pradaxa Ligation Connecticut Consolidation

 
Neal  Moskow served on the Plaintiff Steering Committee of the Traysol Product Liability Litigation MDL 1928.
 
Neal serves in Leadership in the Pradaxa Connecticut State Court Consolidation. 
 
With the abrupt end of the Pradaxa Federal MDL, many firms have found themselves with Pradaxa clients and in need of a consolidated litigation. Neal will be discussing the ongoing Pradaxa State Consolidation, which may provide a home for your Pradaxa cases now that the Federal MDL has closed. 
 

Xarelto, Onglyza and Fluoroquinolones

 
Ryan Thompson will round out the panel speaking and answering questions about three litigations every firm should be considering.  Not yet forty years old, Ryan has already achieved a record of achievements, that most lawyers would consider a stellar lifetime career. He served as Co-Lead Counsel on the Incretin Memetics Litigation, as well as in leadership positions on numerous MDLs. Ryan is often involved in emerging litigations in a major way. His grasp of the science involved in pharmaceutical and medical device litigation and his willingness to take risks, have resulted in his incredible rise in the world of Mass Tort litigation.
 
One of Ryan’s early victories involved taking on a major credit reporting agency and collecting 28 Million dollars, in a litigation other firms had overlooked.
Ryan brings a unique perspective to mass torts. It is a privilege to hear Ryan speak and even more of a privilege to get to know him.

Contact Barbara Capasso at (954) 383-3932 or barbara@masstortnexus.com 

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Roundup Cancer Plaintiffs Seek MDL Against Monsanto

WHO-says-Roundup-probably-causes-cancerEight plaintiffs who have been diagnosed with non-Hodgkin lymphoma (cancer of the lymph nodes) have petitioned the Judicial Panel on Multidistrict Litigation to create MDL 2741 before Judge J. Michael Seabright in the US District Court of Hawaii.

“The number of related actions will likely rise to the thousands in the coming months,” according to Plaintiffs’ attorneys Timothy Litzenburg and Michael Miller of The Miller Firm in Orange, VA. “Judge Seabright has already spent considerable time and resources familiarizing himself with the complex issues involved in the Roundup litigation and Hawaii has a substantial interest in the adjudication of these actions. ”

Another motion is pending to consolidate the cases in the Southern District of Illinois.

Biggest mass tort since asbestos

Mass Tort Nexus has added the hottest emerging litigation to its September Course: RoundUp Litigation. “This could be the biggest mass tort since asbestos,” says John Ray, a leading consultant to the Mass Tort industry for over a decade.

Timothy Litzenberg will be addressing the emerging RoundUp Cancer litigation. He filed one of the original complaints in district court on behalf of a client who developed cancer after exposure to RoundUp. He is also one of the attorneys supporting the Plaintiffs’ motion to form an MDL.

In US District Court, Monsanto failed to derail the RoundUp litigation. Monsanto, as well as Plaintiffs attorneys including Tim have now separately moved to support the formation of an MDL. “This emerging Toxic Tort may involve more plaintiffs than any in history.Do not miss out on the chance to get information on this litigation in its early stages,” Ray says.

To attend the Sept. 23rd  – Sept. 26th for the “Four Days to Mass Tort Success Course” in Fort Lauderdale, contact Barbara Capasso at (954) 383-3932 or barbara@masstortnexus.com for more information.

“Probably carcinogenic”

A 2015 report from the International Agency for Research on cancer – or IARC – a division of the World Health Organization. It found glyphosate to be “probably carcinogenic.” The report says glyphosate caused cancer in lab tests on animals and found that the chemical damaged DNA in human cells.

Monsanto has a significant presence in Hawaii. The company owns or leases approximately 784 acres of farmland on Maui island and 2,296 acres on Molokai island. Monsanto employs more than 1,000 local Hawaii residents and has invested millions in specialized facilities in the state. Monsanto’s operations comprise one-quarter of all Maui county agricultural activity, and the seed industry in Molokai is the most significant private industry activity aside from tourism.

Each of the related actions and any tag-along cases have common questions of fact:
(1) whether Roundup was marketed with adequate warnings.
(2) whether Defendants conducted adequate testing of Roundup.
(3) whether Roundup exposure contributed to the development of non-Hodgkin lymphoma.

Two cases in Hawaii are the most developed in the country. “Judge Seabright has already invested substantial time in this litigation and has issued a lengthy and well-reasoned opinion involving complex questions of federal preemption, federal regulation of herbicides and statute of limitations,” Litzenburg and Miller argue.

The state and local governments of Hawaii have taken steps to restrict the use of herbicides and planting of genetically engineered crops even before the release of the IARC report on glyphosate.

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