Mass Tort brief
Federal Courts Accelerate Mass Torts Across Tech and Medical Devices
Judges streamline thousands of device and tracking claims as plaintiffs push for centralized MDLs and bellwether trials.
Mass Tort
Stalking victims are forcing Apple to defend AirTag design defect claims as a central MDL — potentially opening hardware makers to mass tort exposure.
BackgroundApple launched AirTags in 2021 as location-tracking accessories, but faced immediate backlash over potential misuse by stalkers. After federal class certification was denied, plaintiffs pivoted toward coordinated individual product liability claims.
- Court filings cited internal documents showing Apple acknowledged anti-stalking alerts were designed to deter rather than prevent misuse, leaving victims vulnerable.
- Over 40,000 police reports involving unauthorized AirTag tracking were filed across major U.S. metropolitan areas between 2021 and 2024, showing widespread real-world harm.
- Apple opposes MDL consolidation, arguing individual stalking cases involve distinct factual circumstances that warrant separate trials in local jurisdictions.
Mass Tort
Bard catheter claims enter their second trial — testing jury payouts that could establish a multi-billion dollar settlement benchmark across 3,700 cases.
BackgroundMultidistrict litigation consolidates thousands of personal injury claims before a single federal judge for shared pre-trial discovery. Bellwether trials test jury reactions to evidence and help establish settlement valuation benchmarks across active dockets.
- Active claims in MDL 3081 reached 3,734 lawsuits against medical device manufacturer C.R. Bard, reflecting steady growth in injury filings.
- Plaintiffs argue high concentrations of barium sulfate weaken catheter walls, causing devices to fracture and migrate inside blood vessels.
- Five additional bellwether trials are scheduled through early 2027 to establish settlement parameters across fracture and infection claims.
Mass Tort
Direct filing in the Boston Scientific MDL bypasses court transfer hurdles — accelerating plaintiff sign-ups in recalled spinal lead suits.
BackgroundDirect filing orders streamline federal multidistrict litigation by allowing new plaintiffs across the country to file complaints directly into the central MDL court. This eliminates venue transfer delays and significantly lowers litigation filing costs for injury attorneys.
- The FDA issued a Class I recall for Infinion CX spinal cord leads following structural fracture reports at anchor sites.
- Over 1,000 adverse event filings report lead fractures causing severe nerve stimulation interruption and requiring revision surgery.
- The judicial panel is considering separate petitions to consolidate similar spinal cord lead claims against competitor manufacturers, expanding industry impact.
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