Mass Tort brief
Science on Trial
Judicial skepticism and rigorous data audits shake up major medical device, talc, and social media litigations.
Mass Tort
A judge cast doubt on 69,000 J&J talc lawsuits over expert testimony — the ruling threatens to collapse the nation's fourth-largest mass tort before trials can even begin.
BackgroundMass tort multidistrict litigations rely on expert scientific testimony to prove specific causation, meaning a specific product directly caused a patient's illness. If a judge finds the expert science inadmissible under Daubert standards, the cases face total dismissal.
- US Magistrate Judge Rukhsanah Singh ruled that plaintiffs' lead medical experts failed to rule out other potential causes of ovarian cancer, undermining the foundation of the claims.
- The court ordered plaintiffs' attorneys to show cause by November 19, 2026, why their claims should not be dismissed, putting intense pressure on the legal team to find new evidence.
- Johnson & Johnson has consistently maintained its cosmetic talc is safe and asbestos-free, and this ruling strengthens its position as it seeks to resolve the litigation through bankruptcy.
Mass Tort
Mass Tort
Bard PowerPort faces a design defect trial over degrading catheter plastics — the verdict will establish the settlement value for thousands of rapidly multiplying claims.
BackgroundThe Bard PowerPort is an implantable port catheter used to deliver chemotherapy and other intravenous medications. Plaintiffs allege the barium-sulfate-infused plastic degrades inside the body, causing the catheter to fracture and migrate through blood vessels.
- The upcoming trial (the Divelbliss bellwether) will focus on whether Bard used cheap, degrading plastic instead of safer alternatives, potentially exposing the manufacturer to punitive damages.
- Plaintiffs won a partial victory when the court restricted a defense expert from offering speculative testimony about catheter fractures, limiting the company's defense options.
- The federal multidistrict litigation is growing rapidly, with 472 new plaintiffs joining in June alone, bringing the total to 3,848 active cases.
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