Mass Tort brief
Bellwether Reckonings Across Tech, Pharma, and Devices
Corporate defendants confront mounting settlement pressure as bellwether trials test liability for youth social media addiction and defective medical implants.
Mass Tort
Mass Tort
Opening the first Camp Lejeune trial forces the Justice Department to offer realistic compensation grids — or face thousands of courtroom verdicts.
BackgroundThe Camp Lejeune Justice Act allows military veterans and their families who were exposed to toxic industrial solvents in base tap water between 1953 and 1987 to sue the federal government. Over 400,000 administrative claims and 3,700 federal lawsuits have been filed.
- The initial test trial focuses on former Marine Frank Mousser, who developed chronic kidney cancer following water exposure during his service at the North Carolina base.
- Federal judges pushed the Justice Department and Navy to finalize global settlement terms, warning that administrative backlogs are denying timely compensation to aging veterans.
- Administrative Elective Option payouts have disbursed over $879 million, but plaintiffs' counsel demand broader qualification criteria to cover thousands of non-qualifying illness categories.
Mass Tort
The $40 million Bard PowerPort verdict proves catheter fracture claims resonate with juries — putting immense settlement pressure on parent company Becton Dickinson.
BackgroundImplanted port catheters are medical devices placed beneath the skin to deliver long-term intravenous chemotherapy and medications. Over 3,500 lawsuits in federal multidistrict litigation allege Bard's Groshong PowerPort contains defective silicone that degrades and fractures under fluid pressure.
- Plaintiff Kimberly Divelbliss suffered severe cardiac arrhythmias after a fractured catheter fragment migrated into her heart, requiring invasive emergency surgical intervention to retrieve the loose component.
- The federal jury found Bard liable for defective design and negligent failure to warn treating physicians, rejecting defense arguments that device degradation stemmed from improper surgical installation.
- The $40 million compensatory award establishes an aggressive valuation benchmark for more than 3,500 remaining claims consolidated under MDL No. 3081 in Phoenix.
Mass Tort
Uber settling immediately after jury selection shows the company cannot risk defending driver assault records before federal juries — driving the litigation toward a master settlement.
BackgroundMultidistrict litigation in federal court encompasses nearly 5,000 claims alleging Uber's driver background checks and safety monitoring systems failed to protect passengers from predatory drivers. Earlier bellwether trials returned disparate jury verdicts of $8.5 million and $5,000.
- The settled lawsuit was scheduled as the third bellwether action in MDL No. 3084 before U.S. District Judge Charles R. Breyer, serving as a key valuation guidepost.
- The driver involved had previously received an 11-year prison sentence following criminal conviction, creating insurmountable evidentiary hurdles for Uber's defense at trial.
- Plaintiffs' steering leadership is utilizing the consecutive settlements to pressure Uber into an aggregate global resolution covering thousands of unresolved passenger claims.
Mass Tort
Mass Tort