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The Reality of Lawsuits:
It's Not Television
Some of you probably remember a time in the 1990s and early 2000s when shows about law firms were all the rage on network television. Ally McBeal, Boston Legal, and LA Law were just a few of the programs where big firms took on big corporations, and after a half hour or so of interpersonal office drama and a few laughs, lawsuits were wrapped up with tidy bows and everyone would go out for drinks or smoke cigars, or whatever their thing was to do.
You have likely learned by now that real life looks nothing like TV. Litigations are a slow, expensive, messy business, and they usually involve mountains of paperwork and digital files.
The hardest part for us is that a lot of people are hurting. We are all-too-aware of the reality that our clients are living. Most are dealing with sickness, financial ruin, or death. It is heartbreaking to hear your stories, but these stories are the reason that more than 200 of us at OnderLaw have dedicated our careers to standing up against corporations.
We're fighting for you, and we're also fighting to create change. It is shocking to realize that, in what many people believe is the greatest country in the world, regulatory laws rarely protect people like you and me. It is only lawsuits like yours that force corporations to produce safer products for future generations.
Once again, I'd like to thank you for your patience, your persistence, and your continued support. There are no guarantees in our legal system, but we vow to continue to do the work we need to do in order to represent you and your family.
I mean it when I say that, together, we are making a difference. We are all part of something greater than ourselves. Thank you for choosing OnderLaw to stand with you and for you.
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In this Edition ...
Roundup: Keeping the Pressure on Bayer-Monsanto
Camp Lejeune: Toxic Water Claims
J&J Waiting Game Continues
PFAS: Medical Records Reviews Underway
Paraquat: Showing Causation
CPAP: Census and Surveys Due
Truvada Litigation: Touching Base
3M Military Earplugs: Judge Scolds 3M
Hair Relaxers and Cancer
Tasigna: Depositions Underway
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Roundup Litigation:
Keeping Up the Pressure
Like all litigations, the holidays created a slow month for court dockets. Negotiations however, have been ongoing for tens of thousands of unresolved cases.
OnderLaw is doubling our efforts by coordinating talks with a handful of the nation's other top law firms who are also representing clients affected by Roundup-related cancer. We're pushing hard to resolution. We also know that Bayer-Monsanto is under considerable pressure from stakeholders, particularly after the company's recent Supreme Court and appeals court losses.
Roundup Trial Dates
We've said before that many settlements happen on courthouse steps, meaning that companies like Bayer-Monsanto only come to the settlement table when they're under pressure of presenting their case before a court. Our Roundup team has been preparing and honing their arguments and we're ready to go.
The next trial dates are currently scheduled as follows:
- Luke v. Monsanto will be the next trial, and is currently scheduled for February 27, 2023 in St. Louis County. This is a four-plaintiff trial.
- Durnell v. Monsanto, is set to begin October 2, 2023 in St. Louis City. This is a single-plaintiff trial.
Please Keep Us Updated
Just a reminder – it is imperative that you keep us updated regarding any changes in contact information. In the event a settlement is reached, we must be able to reach you. Please click the button below to update your contact information.
Also, please be sure a legal representative, such as your next of kin or other trusted family member is aware of your lawsuit and that they need to contact us in the unfortunate event that something happens to you. If we cannot reach you or someone who is legally appointed to handle your affairs, we will be forced to disengage from your claim.
Questions, or need to update your contact information? We're happy to help!
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Camp Lejeune Toxic Water Claims
Your OnderLaw team is busy obtaining relevant medical and military records for Camp Lejeune toxic water claims.
Records requests are being sent by our team to the VA and military archives. These governmental organizations have typically taken three or more months to respond to our various requests. This is a slow process.
We also continue to be in the process of filing administrative claims with the Department of the Navy, which has still not responded to any claims thus far, and there still is no portal or method for firms to even submit medical or military records in support of any claims. Essentially, they are backed up and non-responsive at this point.
Though these delays are frustrating, they are not completely unexpected. We are continuing to do everything needed to file and ultimately resolve these claims.
Contact the Camp Lejeune team by clicking the link below if you have questions or need to update your contact information.
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J&J Talc Lawsuits:
Waiting Game Continues
We are still awaiting the 3rd U.S. Circuit Court of Appeals' decision regarding our appeal of J&J's bankruptcy. The court has no deadline to make their decision, so it's a waiting game for both plaintiffs and defendants.
On the bankruptcy end of things, we are cooperating completely with Kenneth Feinberg's efforts to evaluate the total dollar amount of talc-related cancer claims. Feinberg's role has also evolved into mediation between plaintiffs' attorneys and the defendants. This evolution is not bad; Feinberg is world-renowned for his mediation skills, particularly in handling claims for 9/11 victims in recent years.
We will continue to keep you updated in every way we can. Thank you in advance for your patience, and for continuing to stand with us. It is an honor to represent you in this important litigation. Together, we are making a difference!
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PFAS: Medical Records Reviews Underway
With all litigations moving slowly in courts over the holidays, we have continued to obtain medical and other relevant records in support of claims.
Once we have the necessary supporting documents and approval from our medical director, Dr. Williams, who reviews all of the medical records and determines if claims have enough supporting evidence to move forward. Once we have his expert opinion, we are filing approved cases in the District Court of South Carolina MDL.
The MDL court has still not issued a timeline for personal injury bellwether cases. We are hopeful the court will issue an order in the next 2-3 months.
This litigation is relatively new, and is in its beginning stages. We will keep you posted as it continues to develop. Thanks again for putting your faith in our OnderLaw team.
Have questions or need to update your contact information?
We're here for you at the click of a button!
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Paraquat-Related Parkinson's Disease:
Showing Causation
December was a relatively slow month in the courts for paraquat-related Parkinson's disease litigation due to the holidays. Still, our team is moving forward.
We have been completing depositions and are reviewing transcripts from causation experts. Our medical experts continue to review medical records, and cases are being filed. We are grateful to you for returning all requests promptly.
The first trial for this litigation is now scheduled for October 2023. We will continue to update you of additional developments.
As always, you are welcome to reach out to our team with questions or to update your contact information. We're happy to help.
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CPAP:
Census Authorization Forms
We have been in contact with many clients with CPAP-related injuries in attempts to obtain client census forms and/or surveys regarding preservation of their devices. Thank you to those who have submitted the needed form(s) and helped us to move your claims forward.
- If we have reached out to you and you have not yet responded, it is critical that you do so immediately. Without this information, we may not be able to move forward with your litigation.
- If your contact information has changed and you have not made us aware, please click the button below to let your CPAP team know to update your file.
- In the event that we have your current contact information and you have not received a request, do not worry. We have everything we need from you at this time.
Right now, the CPAP leadership team is in the process of gathering and assessing evidence regarding long-term exposure to chemicals resulting from the breakdown of Philips CPAP polyurethane foam. Considerable information has already been reviewed and catalogued, and we continue to speak with medical experts.
We will keep you updated as the litigation develops. Thank you in advance for helping us to help you!
Have questions or need to provide updated contact information? Click below.
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Truvada: Touching Base
This month, our team has attempted to reach out to all clients with Truvada claims upon order of the court. We are touching base to obtain any needed information or permissions, as well as to make sure our contact information and case information are up to date. We also need to determine if inactive clients still want to pursue their cases.
Reaching some clients has proven to be difficult, but you can help. Please make us a priority when you move or if your email or phone contact information changes. Mark us as safe senders so that our emails don't end up in your spam folder. And when we request signatures or documents, please follow up right away so that we can move forward with your claim.
Thank you for choosing OnderLaw. We believe that the harm Gilead has caused is wrong, and we are proud to stand with you to hold them accountable. Together, we are making a difference!
Got questions or need to update your contact information? Click below.
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Military Earplugs:
Judge Issues Scathing Order Against 3M
It is rare for a judge to issue a scathing admonishment in a multi-district litigation (MDL) against a defendant before cases are settled, but U.S. District Judge M. Casey Rodgers did just that in a 22-page remand against 3M.
The order resulted from 3M's recent attempts to shift blame for its faulty military-issue earplugs to its subsidiary, Aearo. The court outlined, in no uncertain terms, its admonishment of 3M, which tried to shift its military earplug liability to Aearo, then use bankruptcy to limit their liability—much like Johnson & Johnson is attempting to do with its talc-related cancer claims. The court called these efforts "duplicitous" and said, "3M's machinations have frustrated, manipulated, and delayed the fair, efficient, and effective resolution of hundreds of thousands of CAEv2 claims."
Nearly every page of this order is damning for 3M. Click here to read it in full.
Judge Rodgers ruled that 3M deserved the “harshest penalty” for its “bad faith attempts” to shift the blame to its subsidiary Aearo Technologies.
3M's attempt to shift its earplug liability to Aearo and file bankruptcy was denied by the Eleventh Circuit Court, but they have filed an appeal. Judge Rodgers requested that the Eleventh Circuit hear 3M’s appeal and resolve it as soon as possible so that trials can continue in her court.
This development is good for our clients, as it means 3M is running out of avenues to delay settlement talks. Sixteen trials have completed to date, resulting in 13 plaintiff wins totaling $300,000,000 in losses for 3M.
As always, we will keep you posted as this litigation continues to develop.
Got questions? We're happy to help. Click the link below.
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Hair Relaxers
and Cancer
We are in the very early stages of this litigation, essentially the discovery stage. This is a lengthy process and involves information gathering and reviewing the facts of each case, as well as working with experts to uncover the science about the chemical compounds and the injuries they may have caused.
We will be reaching out to you once we receive your documents to review and complete the remaining necessary questions for your file. You do not have to call us to confirm receipt of your documents, as we are reaching out based on the order we receive the documents.
After the case has been reviewed, we begin the process of ordering the pertinent medical records. We ask for your patience during this time as medical records can take anywhere from 60-120 days to be received.
Should we reach out to you for more information, please be responsive as lack of communication may cause delays. Also, we ask that you update us with any changes to your contact information and major changes to your health.
Lastly, the best way to stay updated is via the monthly newsletter, which goes out via email; if you have not been receiving the newsletter, please let us know and we will add you to the list.
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Tasigna: Updates
Every litigation is all about gathering evidence to support a claim. Initially, the information gathered regarding Tasigna was about the drugs in general. The question was, "What does the science say about the relationship between Tasigna and atherosclerosis?"
Now, discovery for this litigation is moving into a new phase. The judge has identified a handful of cases for which we can gather evidence. The question is now, "What does the science say about the relationship between Tasigna and a specific person's injuries?" This is an important step because it allows us to move toward trial.
The OnderLaw Tasigna team is conducting expert depositions toward this goal, interviewing the country's top medical minds to formulate arguments and build strong cases.
We have reached out to a handful of clients requesting information required by the court. If we have reached out to you, please help us to help you by submitting all requested information as quickly as possible. If we have not reached out, your case is moving along as expected and we do not need further information at this time.
Thank you again for putting your trust in OnderLaw. We're here to make a difference for you, and for generations to come.
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The information you obtain in this newsletter is not, nor is it intended to be, legal advice. It is confidential communication and should not be shared through mail, email, or on social media networks. Past litigation results afford no guarantee of future results. Every case is different, and must be judged based on its own merit. Consult an attorney for advice regarding your individual situation.
We invite you to contact us and welcome your calls and emails. If you are NOT a current OnderLaw client, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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