Welcome to another episode of Tort Talk Thursday with Joe Fantini!
How to get in contact with Joe:
Email - [email protected]
LinkedIn - https://www.linkedin.com/in/joseph-fantini/
See the full video transcript here: https://yourcaseworks.com/the-leverage-report/2-26-updates-tort-talk-thursday/
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During this week's episode, Attorney Joe Fantini provided a thorough update on several major ongoing mass tort lawsuits. He covered recent developments across key cases involving hernia mesh products, the Boy Scouts settlement, as well as emerging litigation around the medications Suboxone and Ozempic.
Starting with hernia mesh, Joe noted a bellwether trial is scheduled to begin next week in New Jersey state court focused on cases involving Stratus mesh. This will be a significant data point, given trials have been rare so far in the hernia mesh litigation. In addition, the federal judge overseeing the largest hernia mesh MDL against C.R. Bard, consisting of over 40,000 filed cases, has ordered the parties to mediate beginning March 3rd and 4th. After years of these cases progressing, requiring mediation is a promising indication that we could see meaningful resolution on the horizon for plaintiffs.
Regarding the Boy Scouts settlement, Joe explained the positive update that the court lifted a temporary stay blocking the settlement after an appeal from survivors seeking more time to submit claims. With the stay removed, the settlement is now moving forward once again, with the claim form deadline still set for May 31st. Assuming forms are filed in time, Joe anticipates compensation will start heading to victims of abuse later this year as the claims are evaluated and approved.
As for newly formed lawsuits, Joe provided details on both the Suboxone and Ozempic MDLs. For Suboxone, the initial case management conference is scheduled for early March before the federal judge in the Eastern District of Pennsylvania. The litigation is focused on patients who took brand name Suboxone to treat opioid addiction for over 30-90 days and subsequently experienced severe dental problems like tooth decay that required oral surgery. The key criteria is that the medication must have been taken prior to an important label change in 2022 warning of these dental risks.
At the same time, Ozempic's initial conference is slated for March 14th. The judge is taking a unique approach to get out in front of certain issues before entering any formal orders. There will be an initial meeting to discuss appointing leadership counsel, the process for case filings and discovery, as well as evaluating whether to segment or group defendants who have varying products consolidated in the MDL. Joe expects the leadership structure will be formalized before the end of spring.
In summary, it's an active period across the mass tort landscape with momentum building on major established litigation like hernia mesh while new cases quickly emerge and ramp up. We anticipate learning much more following the imminent initial conferences for Suboxone and Ozempic.