Susan B. (00:05): Hello everyone. Welcome to another episode of Tort Talk Thursday. As always, Joe Fantini with Rosen Injury Lawyers. Joe, grateful for your time and for the wisdom and all of the news and updates that you provide on a weekly basis to the industry. So thanks for being here again with me on this Thursday morning.
Joe F. (00:23): Thanks for having me, Susan. Really excited to talk to you this week about latest developments in the mass tort world.
Susan B. (00:29): Awesome. Well, let’s start off. What is new on the Ozempic and the weight loss Judge Prater, front?
Joe F. (00:34): Ozempic is a mass tort that there’s a lot of people excited about. Unfortunately, earlier this year, the judge overseeing it, judge Prater passed away since her death. We’ve had a lot of meetings with the new judge almost on a weekly basis. So the litigation’s really moving forward and we’ve got all the background details, kind of worked out the direct filing order, the plaintiff fact sheet, just finalizing the electronic discovery protocol. But we’re looking forward to having with the judge and the court, the science day coming up here in the fall. After that, we’re honestly getting together some of our bellwether cases. So for as many defendants and the issues this litigation’s going forward, we’re feeling really good about it. One development I want to make sure everybody’s aware of, there was a label change back in 2022, so any cases with gallbladder removal, be careful and double-screen those because there could be an SOL argument. But overall, a couple hundred cases on file, the litigation’s looking good. We’ll have probably more than 10,000 filed in the next couple of years.
Susan B. (01:39): Good feedback on label change. Let’s talk a little bit about Roundup. What is going on with that MDL? And I know you had talked over the last couple of weeks about this Philly trial, so tell us what’s new there.
Joe F. (01:48): Yeah, recent filing a joint filing by the parties in the MDL. We have about 4,000 cases still pending. The parties are seeking to have the MDL wind down, so they want to do the last wave, wave nine potential trial cases with expert workup. They’re seeking to have this MDL pretty much come to an end by the summer of 2025. Meanwhile, they’re noting that the litigation settled and focused all over in state courts across the country, mainly Missouri, where we have about 40,000 of the 54,000 pending cases. We’re seeing trials coming up here in the summer and fall. Should have about half a dozen set and verdicts in Philly, like we talked about, we had the one case that was scheduled to go to trial, got kicked out on a statute of limitations argument, won’t have a big pack on the litigation. Overall. We’ll have another Philly trial starting hopefully next month. We’re looking for some big verdicts here, bringing bear to the table to get these cases resolved. Hopefully by this time next year, keep getting Roundup cases. We really love that litigation
Susan B. (02:53): For sure. Okay, AFFF. Tell us what’s new there, especially as it relates to the injuries
Joe F. (02:59): AFFF. We’re moving forward trying to get the bellwether cases scheduled. Right now we’re looking, and plaintiff submitted a recent proposal to do two types of injuries, two cancers, testicular and cancer cases for bellwether involving Pennsylvania residents, and then moving and focusing to Colorado for ultra colitis and thyroid disease. So we’re looking to get that bellwether order in place. And then we’re also looking at two additional type of cancers, liver and thyroid cancers. So those are the six cancers that are the focus. Hopefully we’ll have this bellwether order in place before the end of August. The briefing schedules kind of in place, looking to the end of April, beginning of May for that all to be resolved. Hopefully a trial this time next year in af. Everybody’s still really excited about that litigation.
Susan B. (03:46): Yeah, that would be fantastic. And I know week over week, Joe, we kind of touch on and hit on 3M, hernia mesh and CPAP. Tell us if there’s been any updates. We chat about ’em each week. So what’s new there?
Joe F. (03:56): 3M settlement’s been going on for about a year now. We have another payment is due soon based upon the first in first out. Also a deadline coming up next week to submit some of your claims for the EPP. So make sure you get that all in time. That settlement is being run beautifully. It’s been really good. So people are excited about that. CPAP, we all submitted our identification orders. We’re waiting to hear from the settlement administrator about the matrix and the records and the requirements that are due. Should have that here in the next two weeks. In the meantime, make sure you’re following up with your clients, getting the insurance information, getting all of your records. Lastly, Bard. We saw the loan pine orders come down. Unfortunately, there hasn’t been much information shared yet about the settlement and the details. We’re waiting for MSA to be finalized and then the different law firms will be signing that. So get all of your records in order. A few firms still taking new Bard cases, but make sure you file those Lone Pine orders and we’ll keep you updated when we have more news on that.
Susan B. (04:56):Well, Joe, as always, grateful again for your time sharing these updates and insights to the industry. And if you’re a listener and you want to hear more from Joe week over week on Tort Talk Thursday, then subscribe to our channel below, and have a great day!
Joe F. (05:10): Thanks, Susan.
