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November: A Month of Gratitude and Reflection
As we find ourselves amidst the crisp autumn air and the vibrant hues of changing leaves, November brings with it a profound sense of gratitude and reflection. It is a time when we come together to celebrate Thanksgiving, and also to commemorate the United States Marine Corps birthday on November 10 and honor our veterans November 11.
At OnderLaw, we hold these traditions close to our hearts. We recognize that they are more than just dates on a calendar. They serve as poignant reminders of the values that make our nation great – unity, sacrifice, and the enduring spirit of service.
This year, our appreciation for these values has deepened, as world events have reminded us of the immense sacrifice that every veteran and active-duty military member makes for our country. We are proud to share that several members of our OnderLaw team are veterans themselves, and their dedication to serving our clients is a testament to their unwavering commitment.
In the legal world, November is not only a time for reflection but also a time for action. It is a time when we stand shoulder to shoulder with hard-working Americans to create change. We are honored to support litigations in which we advocate for justice and accountability for those affected by harmful products and environmental hazards, as well as those, like 3M military earplugs and Camp Lejeune toxic water claims, that protect and empower member of our armed forces. We stand firmly by our clients because you, like our veterans, are willing to stand up for us.
As we gather around our Thanksgiving tables, may we all remember the true meaning of this holiday – giving thanks for the blessings in our lives, for our loved ones, and for the freedoms we enjoy. Please also remember our veterans, who have protected those freedoms, and our active-duty military members, who stand ready to do so at a moment's notice in an increasingly unstable world.
In the spirit of November, we express our gratitude not only in words but in deeds. Together, we continue to make a positive difference, and we are humbled to have you as a part of our OnderLaw family.
With heartfelt thanks and warm wishes,
Jim
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Bayer Monsanto: Picking Their Poison
The proverbial tide is turning for Bayer-Monsanto, and the situation is looking increasingly better for tens of thousands of plaintiffs awaiting justice. Last month's St. Louis plaintiff, represented by OnderLaw, was awarded a $1.25 million verdict. The verdict was based in part on new evidence introduced showing that Monsanto hid other cancer-causing ingredients from consumers and regulators. For years, they've literally been picking the poison they've told us about while sneaking other deadly chemicals into Roundup.
This new evidence is changing the course of other trials as well. It was also recently introduced in trials in Philadelphia and San Diego, and jurors found in favor of the plaintiff in those cases, too.
And, if this latest news doesn't encourage you enough (though we suspect it does!), keep in mind that the "winning streak" Bayer-Monsanto claims to have in court is less than accurate. The majority of cases that were set for trial have settled out of court. Details of those settlements cannot be made public, but they still amount to losses for Bayer's bottom line.
What's Next?
Negotiations with Bayer-Monsanto continue. Our trial team continues to prepare for the next trial, but we are in an increasingly good position. As always, patience is the biggest challenge for all of us. We will continue to stand strong. It is an honor to represent you, and your strength and endurance is a testament to the American spirit we are battling to preserve.
We will continue to keep you updated as much as possible. In the meantime, thank you for putting your faith in our OnderLaw team.
Questions, or need to update your contact information?
We're happy to help!
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J&J Talc: Bankruptcy or Not? What Will Settlement Look Like?
In the face of growing public outcry for accountability, OnderLaw remains steadfast in our commitment to hold Johnson & Johnson accountable for their actions. Most recently, bipartisan lawmakers have joined the chorus in condemning J&J for misleading the public and bypassing juries to settle claims through bankruptcy.
During a recent hearing, Sen. Dick Durbin, D-Ill., the chair of the Senate Judiciary Committee, called J&J out for attempting to circumvent the legal system. At the center of this controversy lies the Texas two-step strategy, which we have talked about extensively over the last two years.
In August, a New Jersey bankruptcy judge dismissed J&J's second attempt to settle talc claims using Chapter 11 bankruptcy. This bankruptcy came with a proposed $8.9 billion resolution for talc victims, an amount that would have been one of the largest litigation resolutions in the world. Now, there's talk that J&J may try again hoping that the third time is the charm.
There are pros and cons to J&J's bankruptcy proposals. On the pro side, talc claimants would be compensated faster than they likely will be through the tort system, where, though they have faced some losses, J&J has prevailed in a significant number of trials. Also, claimants would have the opportunity to vote on any proposal developed through the bankruptcy process and could reject a plan if the terms are not favorable.
On the con side, if J&J is successful in its attempt to use restructuring and bankruptcy to resolve claims, they will be setting a legal precedent. Even if the bankruptcy treats claimants with something close to fairness, other corporations may not be so willing to deal if they follow in step.
Currently, if every talc claim went to trial, it would take thousands of years for courts to address them, regardless of their merits. Though settling these cases through bankruptcy provides a more swift conclusion, it also challenges the mass tort litigation model, not only for talc litigation but for every large-scale litigation in the U.S.
In the meantime, we're all being as patient as possible. We are still very active in negotiations and continue to prepare for trial. Ultimately, regardless of how it plays out, our goal is to hold J&J responsible for the damage they have done to thousands of families and individuals.
We remain committed to fighting for the rights of the plaintiffs affected by these actions. Together, we will continue to press for transparency, fairness, and the accountability that all individuals deserve in their pursuit of justice.
Questions? Please click the button below to reach us.
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Camp Lejeune:
Thank You, Marines!
With the birthdate celebration of the United States Marine Corps November 10, we'd like to take this opportunity to thank all former and current U.S. Marines for their dedication and service to our country.
We'd also like to introduce you to Theo Jackson, whom many of you have spoken with in recent months. Theo is a Marine Corps veteran and an outstanding member of our Camp Lejeune Team. He's always willing to go the extra mile to make sure those who were wronged by the government and corporations have all of the medical record evidence needed to succeed in court. Like so many current and former Marines, Theo has gained the respect of both his clients and co-workers through integrity, hard work, and his positive attitude in the face of adversity. Semper Fi!
In the litigation update, as of November 1, the OnderLaw Camp Lejeune Team has exceeded 3,000 claims submitted to the Navy, including approximately 1,000 claims submitted in late October alone. This has been possible because of your diligence in following through with records requests and providing us with the information needed to stand with you. Keep it coming!
Also, you may have read about the Navy's announcement regarding settlement offers for those who have submitted administrative claims. The Navy has said it will be making offers, but has not yet done so. When and if they do, offers will be made to those with filed claims. It is important that you continue to provide any requested information so that we can move your claim forward, regardless of whether or not you plan to entertain any forthcoming offers from the Navy.
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OnderLaw Asbestos Team: Mesothelioma and Other Cancer Claims
Did you know OnderLaw has one of the top asbestos legal teams in the country? It's true - and it's not too late to file a claim for mesothelioma, throat cancer, lung cancer, colon cancer, or asbestosis diagnosed after workplace exposure to asbestos.
Attorneys Ryan Dickherber and John Theil have dedicated their careers to fighting for justice for thousands of hardworking Americans injured by asbestos. We're proud of the work they do. They're ready to stand with you!
Many companies that have mined, manufactured, or exposed workers to asbestos are now settling claims through bankruptcy court. Even if you are involved in another lawsuit, you still may be eligible for some of the funds set aside for these claims.
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3M Military Earplugs:
Team Highlight: Cynthia Smith
Seldom do we have the opportunity to let you peek behind the scenes and see who we are, but with Veterans Day around the corner, this seems like the perfect time to introduce you to Cynthia Smith. Cynthia is a U.S. Army veteran, and she is continuing her service to others through her work on project management and on our Intake Team at OnderLaw. We're proud of Cynthia's dedication and hard work, and she's honored to work with you!
We shared last month that a settlement administrator called Archer Systems has been assigned by the court to manage claims in a $6 billion settlement reached in 3M military earplugs litigation. Archer is handling claim registration, lien resolution, fund distribution, and probate issues as needed for all of our 3M clients.
Archer Systems has begun emailing Settlement Registration Forms to claimants on a rolling basis. OnderLaw is having to review and approve each form prior to it being sent, so this process will be ongoing for several weeks.
If you wish to opt out of the settlement and continue litigating, please contact a member of our 3M Earplugs Team BEFORE making the election to continue litigating on the registration form.
If you reject the settlement and opt to continue litigating, the clock will immediately start running on court-ordered, very strict requirements with tight deadlines. If these deadlines are not met, your case will be dismissed with prejudice, and you will be forever barred from seeking compensation for your hearing loss or tinnitus.
Regardless of your choice to accept or reject the settlement, all claimants must complete and sign a registration form and release and submit their information through a computer portal. Archer will be contacting each client by email and text with login information and further instructions. Please monitor your messages and respond as quickly as possible. It is critical that you keep us apprised of any changes to your contact information.
Individual dollar amounts and other specifics regarding the settlement are still being hammered out. For real-time updates, use the link below:
https://www.flnd.uscourts.gov/3m-products-liability-litigation-mdl-no-2885
It is our honor to continue to represent you in this important litigation, and to serve those who have served us.
If you need to update contact information or have questions for our team, please click the button below to contact the 3M Team.
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AFFF/PFAS Lawsuits
You should have received our email update in early October discussing the settlement of the water provider cases and how that will impact the personal injury cases moving forward. We will be sending out those longer updates every quarter, so please let us know if you’re not receiving them.
The first personal injury trials will be held next year, although the court has not yet set a specific date. They involve kidney cancer, testicular cancer, thyroid disease, and ulcerative colitis and focus on two particular military installations.
Although these plaintiffs are not firefighters, they present the same kind of case. The court has combined firefighter cases with those who claim injury from drinking water that has been contaminated by the firefighting foam. This is because the chemicals at issue are the same in both types of cases. Firefighting foam contains PFAS, and that foam has leaked into the soil and contaminated the groundwater. Because of that, these first trials will be in support of both our firefighter clients who worked directly with the foam and our military clients who drank the water contaminated by the foam.
We continue to prepare these cases for trial. Each trial will impact all of the cases, even if your specific injury or method of exposure is not included. We expect the court rulings to benefit all of the plaintiffs moving forward. We do not expect any settlements for the remainder of the year, but will keep you posted as to any significant developments.
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 First Trials Delayed
While the court originally indicated that the first paraquat-related Parkinson's disease trials would be held in October, legal arguments involving the experts and the scientific and medical links between paraquat and Parkinson’s disease took longer than anticipated. Because of that, the court is rescheduling the first trials.
At this point, we are waiting for the court to rule on the expert issues that will affect all cases and we are optimistic that the hearings went well for us. We expect the court to rule shortly and then the first trial cases will be rescheduled.
We do not expect any settlements for the remainder of the year, but will keep you posted as to any significant developments.
Thank you for trusting OnderLaw to represent you, and thank you for standing with us so that future generations don't suffer as you have.
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: Out-of-Pocket Expenses Reimbursed
As we shared previously, a class action settlement has been reached to reimburse you for any out-of-pocket expenses you may have incurred related to replacing your CPAP machine. This agreement is tentative and has not yet been approved by the court.
This settlement is for economic loss claims only. Personal injury claims from the use of the CPAP device remain separate from this proposed settlement. We continue to prepare for bellwether trials in CPAP personal injury litigation.
Device Payment Awards are available to users who purchased, leased, or rented recalled devices from 2008–2021. The awards range from $55.63 to $1,552.25, depending on which device was used.
Device Return Awards are $100 for each recalled device used between 2008–2021 that was returned to Philips. Users may receive multiple awards if more than one recalled machine was returned. Shipping labels can be obtained from the settlement website below.
Device Replacement Awards are available to users who paid out-of-pocket for a replacement device on or after the recall date (June 14, 2021) and prior to the settlement (September 7, 2023).
The court is currently reviewing the proposed economic loss settlement. When the settlement is approved and finalized by the court, eligible claimants will be notified.
For more information about the settlement, visit www.RespironicsCPAP-ELSettlement.com or call 1-855-912-3432.
Have questions or need to provide updated contact information? Click below.
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Tasigna News
OnderLaw attorney Lawana Wichmann traveled to New Jersey recently for a status conference on the multicounty (MCL) there. These cases are consolidated much like those in the Florida multidistrict litigation (MDL), but are regulated by New Jersey laws.
Tasigna lawsuits are moving forward slowly but surely. Like most litigations of this type, much of the progress is administrative, and we're maintaining patience with the process.
We'll keep you posted as the litigation continues to develop.
Contact us with any questions, contact information updates, or changes in your medical condition related to Tasigna injuries by clicking the button below.
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Truvada Litigation Updates
Defendant Gilead Sciences, Inc. took the denial of their summary judgment motion up to the California Appellate Court. That court agreed to review the trial judge’s ruling and held oral arguments August 30. The court then requested that both plaintiffs' and defendants' attorney submit supplemental briefs.
The additional briefs have all now been submitted and, as of October 19, the appellate court now has the case officially under submission. The judges have 90 days from the date the case is submitted to decide the appeal, so we expect a decision shortly.
In the interim, we would ask that if you haven’t been in touch with our office recently, please reach out so we can ensure that we have the best phone number and current contact information on file for you.
We are honored to continue fighting with you. Together, we are making a difference.
Got questions or need to update your contact information? Click
below.
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Hair Relaxers: Manufacturers Exposed
You may have read a recent article published by Reuters that analyzed the racial issues behind toxic hair relaxers. The more scrutiny these products receive, the more obvious it becomes that women have needlessly and unknowingly been put at risk for cancer by companies that promoted negative images and unreasonable standards of beauty for women of color. The ugly truth is that, for decades, hair relaxer manufacturers failed to warn consumers of serious dangers.
In an effort to prove these cases, we continue to request medical records. However, some older records have been difficult to obtain, and we may need your help. If we reach out to you, please respond as quickly as possible. Let's hold these corporations accountable together and create change for future generations.
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