Mass Action News

3M Combat Arms Earplug Products Liability, MDL No. 2885

Attorneys at Wagstaff & Cartmell are involved in this product liability litigation.

Tom Cartmell has been appointed to the Executive Committee of the 3M Combat Arms Earplug Products Liability Litigation MDL in the Northern District of Florida in front of the Honorable M. Casey Rodgers.

JUUL Labs, Inc., MDL No. 2913

Wagstaff & Cartmell is involved in this MDL against JUUL Labs, Inc.

Tom Cartmell has been appointed the Plaintiff’s Government Entity Liaison Counsel of the JUUL Labs Inc. MDL in the Northern District of California in front of the Honorable William H. Orrick.

In Re: Ephedra Products Liability Litigation, MDL No. 2071

Tom was appointed by the Honorable Jed S. Rakoff to the Plaintiffs’ Steering Committee. He personally represented clients from across the nation in this product liability litigation in the Southern District of New York arising out of injuries suffered from ingestion of ephedra containing weight loss supplements. Tom acted as settlement-resolution counsel on behalf of plaintiffs in the NVE and MuscleTech litigation, resulting in more than $50 million in settlements.  Tom’s cases also Included settlements for multiple clients in excess of $9 million.

In Re: Bard IVC Filters Products Liability Litigation, MDL No. 2641

Attorneys at Wagstaff & Cartmell worked on this case in which Tom Cartmell was appointed to the Plaintiffs’ Steering Committee in the District of Arizona in front of the Honorable David G. Campbell.

David DeGreeff also served as a member of the Medical Monitoring Class Action Committee for this MDL, and was recently appointed by the Judge to serve on the Common Benefit Fee Committee. He was also a member of the trial team In Booker v. Bard Peripheral Vascular, et al., resulting in a $3.6 million verdict including $2 million in punitive damages. This verdict is included in the top ten product liability verdicts in the state of Arizona. The verdict was on behalf of an individual injured by a Bard IVC filter and was the first bellwether case tried in that litigation.

In Re: Kugel Mesh Hernia Patch Prods. Liab. Litig., MDL 1842

D.R.I. $184 million global settlement of more than 2,600 cases in MDL.

Jeff Kuntz was a member of the Plaintiff’s Steering Committee for this case. He helped try the first Bellwether case in the multidistrict litigation.

In Re: Depuy Orthopaedics, Inc. Pinnacle Hip Implant Prods. Liab. Litig., MDL No. 1699

N.D. Tex. Total settlements in MDL reported to be more than $1.7 billion

Tom Cartmell serves on the Steering Committee in this case pending in the Northern District of Texas in front of the Honorable Ed Kinkeade. This case involves hip implants and includes claims of negligent design and failure to warn.

In Re: Benicar Product Liability Litigation, MDL No. 2606

D.N.J. $358 million global settlement of more than 2,200 cases in MDL.

David DeGreeff served as a member of the Science and Experts Committee and oversaw the Secondary Science Document Review.

Jeff Kuntz was appointed to the Plaintiff’s Steering Committee for this case.

In Re: Bextra and Celebrex Product Liability Litigation, MDL No. 1699

Tom Cartmell was appointed by the Honorable Charles R. Breyer of the Northern District of California as a member of the Plaintiff’s Steering Committee on this case. He also served as co-lead trial counsel in this product liability multi-district litigation arising out of the use of the medications Bextra and Celebrex. The lead case settled on the eve of trial and ultimately all cases in the MDL settled for more than $745 million.

Pelvic Mesh Repair System Products Liability Litigation (S.D.W.V.)

In 2012, thousands of lawsuits filed nationwide against several manufacturers of transvaginal mesh products. These cases were consolidated by the Judicial Panel on Multidistrict Litigation (JPML) into several MDLs before the Honorable Joseph R. Goodwin in the Southern District of West Virginia. Among the dozens of lawyers who applied for leadership positions, Judge Goodwin selected Tom Cartmell as one of a handful of attorneys to lead this mass litigation. Over the ensuing eight years, Tom and the Wagstaff & Cartmell team committed more than 50,000 hours prosecuting more than 100,000 cases – one of the largest mass consolidations ever. Media outlets have reported that settlements have totaled more than $8 billion for women injured by these defective products.  In addition to co-leading this mass action in federal court, Tom Cartmell and Jeff Kuntz played leading roles in several bellwether jury trials in federal and state courts, including:

$35 Million Jury Verdict Against Ethicon and Johnson & Johnson (N.D. Ind.)

A jury in the Northern District of Indiana awarded plaintiff Barbara Kaiser $10 million in compensatory damages and $25 million in punitive damages, finding she had established both her claims of negligent design defect and negligent failure to warn.

Jeff Kuntz served as Co-Lead Counsel in this case.

$5.7 Million Jury Verdict Against Ethicon and Johnson & Johnson

A jury in Bakersfield, California returned a $5.7 million verdict in favor of plaintiff Colleen Perry for damages sustained from a TVT Abbrevo mesh sling device manufactured by Ethicon, Inc., a subsidiary of Johnson & Johnson.

$3.27 Million Jury Verdict – Huskey v. Ethicon, et al. S.D.W.V.

Huskey v. Ethicon was the first Johnson & Johnson bellwether case to go to trial in Charleston, West Virginia. The plaintiffs, Jo and Allen Huskey, alleged her TVT-O was defective and caused her permanent and severe complications including chronic pelvic pain, sexual dysfunction and loss of consortium. After a nine-day trial, on September 5, 2014, Husky and her husband were awarded $3.27 million and an affirmation of all five claims including failure to warn and design defect.

Jeff Kuntz served as Co-Lead Counsel in this case.

$1.2 Million Jury Verdict Against Ethicon and Johnson & Johnson

A jury in Dallas, Texas returned a $1.2 million verdict in favor of plaintiff Linda Batiste for damages sustained from a TVT-O mesh sling device manufactured by Ethicon, Inc., a subsidiary of Johnson & Johnson.

In Re: National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio)

The Wagstaff & Cartmell team is involved in this prescription opiate litigation MDL.

Ty Hudson worked with a team of lawyers to help prosecute the case against prescription drug distributors in the initial MDL bellwether cases, which resulted in settlements totaling more than $260 million. The next phase of the litigation is on-going.

Eric D. Barton is representing dozens of county and city governments in Kansas, Missouri, Virginia, Florida, and Mississippi in lawsuits against manufacturers and distributors of opioid pain medications seeking recoveries of damages arising from the nationwide opioid addiction crisis.