Camp Lejeune Filing Deadline Looms & more
Mass Tort Report Update – by Attorney Jeff Keiser.
August always feels like the end of Summer, and honestly, that can’t come soon enough. With unbearable heat, hurricane season, crowded ‘everywhere’, and everything else that comes with summer, I’m ready for things to cool off a bit. One thing is for sure – the mass tort world is just as hot as the climate. Let’s get to it –
ALERT – Camp Lejeune Deadline
The deadline to file administrative claims for the Camp Lejeune litigation is this week. And there is some exciting settlement talk here too.
While the deadline to file administrative claims is drawing near (August 10, 2024), other news is worth mentioning. The Court has made orders that indicate discussions have been advancing behind the scenes.
Last week, a magistrate prohibited the parties from making any public statements about ongoing settlement negotiations. After the unmitigated disaster of the “Elective Option,” many think the government will want to pay these claims fairly.
A lot remains to be seen on these cases, but if you have them sitting on your desk – get them filed today! The deadline will not be extended.
Bard – Get Them Filed
The Bard hernia cases have been around for too long, and yet, the MDL still has nearly 24,000 cases, with several hundred being filed each month.
If you have cases, get them filed now because there is a lot of buzz around a settlement here as well. While we don’t know any of the terms, or even if the parties have actually agreed, the Court continues to make orders that just scream that a deal is in place.
Last month, the Court ordered a stay in the litigation, but detailed how that stay can be lifted when a plaintiff opts out of the settlement agreement. The writing is on the wall in this case – don’t miss out!
NEC for Half A Billion
Any time a verdict drops that approaches half a billion dollars, it’s worth taking note. That’s what happened in the NEC litigation last week.
In Missouri, a jury awarded $95 million in compensatory damages and an eye opening $400 million in punitive damages. Earlier, a separate jury awarded $40 million, which defendants called a “fluke.” There aren’t that many of these cases out there, but if you have one (or more), you could be in for quite a ride.
There are only 538 cases in the MDL, but with how verdicts are going, I wish I had a handful of these.
Counting Votes – J&J
We all expected the Third Circuit to reject J&J’s second attempt at bankruptcy through the Texas Two-Step. That’s exactly what they did. But that’s not the big news.
The parties continue to work towards a global settlement, one where the plaintiffs will stop resisting the bankruptcy from proceeding in exchange for $6.5 billion. Part of the deal requires 75% of plaintiffs to accept this tradeoff and voting closed in late July.
Both parties accept the reality that it will take “a couple weeks” to count the votes accurately, and we’re all waiting to see what happens. I expect they’ll get well over the 75% threshold and the settlement (and bankruptcy) will proceed by the end of the year.
J&J has set aside $6.5 billion for this, and it’s hard to ignore that many zeros.
Zantac – Judicial Marital Issues
Zantac really is the case that has had just about everything. Dismissals? Sure thing. Verdicts? Fine. Settlements? Absolutely. Recusals? We’re about to find out.
Plaintiffs have moved to force Judge Joshua Roberts of the Philadelphia Court of Common Pleas to recuse himself from the litigation. The reason? His wife works for the same law firm that represents GSK nationally.
I’m not foolish enough to predict the outcome of this motion, but it could force more delays in the cases. One case in Illinois was settled last week, but more importantly, two more trials are currently underway in Pennsylvania. Stay tuned.
That’s it from HQ for now
I have a feeling that August will be a very busy month, but more importantly, there are some unmissable deadlines, and soon.
Make sure you get all your cases filed. It’s easy to overlook these things, especially in the midst of the dog days of summer.
Craig H. Alinder, Vice President