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When I was growing up, December was a magical time. My family lived on a city street full of red brick houses, and the day after Thanksgiving, porches, eaves, and picture windows became filled with sparkling holiday lights. My brother and sister and I have vivid memories of snowball fights, mom's hot chocolate, and of trying my best to stay awake all night on Christmas Eve to catch Santa in the act.
Somewhere along the line, we all grew up and became parents ourselves. We learned that a lot of work goes into creating those special moments we once took for granted. My parents' hard work and quiet determination behind the scenes ensured that the holidays – and so much more of our childhood – were nothing but magical for the three of us.
Handling large litigations is surprisingly similar in a way. Sure, litigations take much longer (far too long, we think), and the stakes are certainly higher, but there is always a frenzy of activity behind the scenes that isn't always obvious to those looking on. Still, we're happy to do these things because we know we're making a difference in people's lives.
Having said that, this month has been a difficult one for many people. Some are struggling with health issues, many are hurting financially, and far too many are facing the holidays without those they love. I can honestly say that every single person on our team is not only compassionate and understanding, but we're doing all we can within the system of justice we're bound into to bring some sense of peace to you and your family.
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 if there is a way, we will find it, and we will do the work to see it through.
Happy holidays to you and yours! Here's to the end of 2022 - and to the beginning of a beautiful new year!
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In this Edition ...
Zantac Litigation in Jeopardy
What is Subrogation?
Camp Lejeune Toxic Water Claims
Talc Bankruptcy: To Be or Not to Be?
Roundup Litigation Rounding a Corner?
J&J and the Bankruptcy Question
PFAS Water Contamination Claims
California Paraquat Cases Filed
CPAP: Keeping Your Team in the Loop
What are the Possible Outcomes of Mass Tort Lawsuits?
Truvada Litigation: Records, Records, Records
3M: Check Your Messages
New Litigation: Hair Relaxers and Cancer
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Zantac Litigation in Jeopardy
We're starting off this month's litigation updates with difficult news. A federal court has decided to dismiss Zantac-related cancer claims based on what it has determined to be a lack of scientific evidence linking Zantac to cancer.
During what's called a Daubert hearing, which is held in nearly every mass tort litigation in order to determine what evidence is admissible in court, the judge evaluated the studies and testimony presented by plaintiffs’ attorneys and found insufficient evidence to prove that ranitidine causes cancer.
We only recently received word of the court’s ruling, and are obviously disappointed. Lawyers appointed by the court to lead the litigation on behalf of plaintiffs have stated that they will appeal the ruling, so we will be pausing pursuit of these claims until the appellate decision is reached. It won't be a quick process, unfortunately. We anticipate that it will take a period of years to go through the appellate system.
What Does this Mean for My Zantac Case?
If you have a Zantac-related cancer claim, please join us in remaining patient while we await the appeals court decisions. Sometimes appellate court decisions do overturn rulings, and we are holding out hope for a positive outcome. However, as is always the case in these types of litigations, there are no guarantees.
We expect this litigation to be on hold for some time before the appeal is heard. We will update you as soon as a decision is reached. In the meantime, please keep us updated with any changes in your contact information so that we can reach you if needed.
If you have questions or need to update your contact information, please let us know. Just click the button below!
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Subrogation is a topic that may seem intimidating and confusing. However, if you are involved in a lawsuit, it is absolutely critical to understand. Subrogation is a process through which insurance companies take back some or all of the money they've paid on your medical claims, and it can rob you of your compensation.
We can't predict or determine whether or not you will be subject to subrogation, but we can help you to understand what it is and why it matters.
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Camp Lejeune Toxic Water Claims
Toxic water at USMC Base Camp Lejeune has affected hundreds of thousands of military members, their families, and contracted employees in terrible ways.
The government has now admitted they acted improperly, and now hundreds of thousands of people are eligible to file claims.
We were one of a handful of law firms in the country to push for legislation that allows military members and their families, as well as contracted workers to sue the government for their injuries. As a result, law firms from across the country have been referring clients to OnderLaw.
We are currently sorting through claims and validating service and medical records. We are also paying close attention as the court lays the groundwork for how Camp Lejeune claims will proceed through the judicial process.
This litigation is new, and our dedicated Camp Lejeune team is giving it their full attention as it develops.
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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Roundup Litigation:
Your Frustration is Heard
When it comes to Roundup-related cancer claims, every one of us is frustrated. We have all been waiting for several years for a resolution for these cases.
We are on your side. We are heartbroken by your illness and losses, and we feel deeply sympathetic about the financial struggles you are likely experiencing due to medical bills and lost wages.
We're also aware of the medical liens and subrogation processes that have taken large portions of compensation awarded to some plaintiffs in cases involving medical claims. We are doing our best to ensure that any settlement reached will make a difference.
We remain steadfast in standing against Bayer-Monsanto and will continue to keep you posted. We are hoping to report progress in the coming weeks and months. We remain on your side and by your side, and we are eager to see a positive end to this litigation.
Please Keep Us Updated
Just a reminder – it is imperative that you keep us updated regarding any changes in 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.
Roundup Trial Dates
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.
- Durnell v. Monsanto, is set to begin October 2, 2023 in St. Louis City.
Questions, or need to update your contact information? We're happy to help!
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J&J Talc Lawsuits:
Critical Updates
We are still awaiting the 3rd U.S. Circuit Court of Appeals' decision regarding our appeal of J&J's bankruptcy. No matter the decision, our team is ready and eager to resume the fight.
While we wait, we are preparing each claim to move forward – but we need your assistance.
Like any litigation that has been ongoing for a number of years, it is important that we keep your file current. We may need your assistance in obtaining recent medical records, establishing legal representatives for clients who have died or become incapacitated, and updating contact information.
We are working with third parties to obtain some needed documents. If you are contacted by one of our representatives, it is urgent that you respond by providing all of the requested information as quickly as possible. Without this information, we may not be unable to move forward with your claim.
Thank you in advance for your cooperation, and for continuing to stand with us. It is an honor to represent you in this important litigation. Together, we are making a difference!
Please be sure to provide us with your updated address, email address, and/or phone number if they have changed. You can do so by clicking the button below.
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PFAS:
First Bellwether Trial Delayed
Last month we shared that we were waiting for a decision from the court regarding when the first PFAS bellwether trial will be scheduled. You may recall that it was delayed earlier this summer. We have since learned that the first bellwether trial in the multi-district litigation will not be held until late next year.
In the meantime, our most important current task is ordering and reviewing medical records. Our in-house physician is reviewing these records in order to ensure that they substantiate claims.
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
The current most pressing task we're undertaking in paraquat-related Parkinson's disease claims is to talk to physicians and researchers. We are building a foundation of evidence linking paraquat to Parkinson's disease so that we can stand strong in court.
The first trial for this litigation is expected to be held in late spring or early summer of 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:
Establishing Procedures
Throughout the course of every litigation, procedures are established that determine how both sides will be allowed to move forward. Those procedures are not automatic; they're hammered out by the judge with input from both sides.
Leadership for the CPAP-related injuries litigation is currently undergoing the process of determining the procedures that will be followed. OnderLaw attorney Inez Ross has been appointed to leadership and has been taking part in these talks. They are administrative yet critical to how this litigation plays out, and we are proud that she is representing not only our clients, but protecting the rights of CPAP plaintiffs nationwide.
Ongoing Documentation
As this litigation moves forward, you may receive paperwork by mail or email that must be completed. It is also important that you keep us updated should your contact information change.
This litigation remains relatively new, and we are learning more about the dangers to which Philips knowingly exposed its trusting CPAP users. We will continue to keep you updated as the litigation develops.
Have questions or need to provide updated contact information? Click below.
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Truvada Litigation: Staying in Contact
One of the biggest hurdles in any long legal battle involving a large number of clients is maintaining contact. People move, they get new phone numbers, and their lives change. Many plaintiffs involved with Truvada litigation have been faced with challenges that make staying in contact more difficult than usual.
Our team has been following up with all claims, and sometimes we have struggled to reach our clients.
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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3M: Help Us Fight for Your Rights
If you have submitted a 3M military earplugs claim, we need you to help us move your case forward. Some, but not all, claimants recently received text and email notifications from our team asking for certain records that can only be accessed through a special online portal.
If you have received this request, it is imperative to your case that you respond right away.
If you do not receive a request and your email and phone number are current in our system, you do not need to take further action. If you need to update contact information, please use the link below and do so immediately.
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
Considerable research has been reviewed for lawsuits against hair relaxer manufacturers this month. Frequently, as a litigation moves forward, experts are consulted and injury criteria evolves. This is the case in hair relaxer-related claims.
After reviewing current studies, it has determined that breast cancer and endometriosis do not have sufficient scientific evidence to link them to hair relaxers. We have no other option but to discontinue pursuit of cases involving these injuries.
We will still be moving forward with cases involving uterine cancer, endometrial cancer, ovarian cancer, female infertility, and fibroids involving myomectomy or hysterectomy.
Does This Mean I Don't Have a Case?
Unfortunately, at this time, those with claims involving breast cancer or endometriosis do not yet have a case. However, if new studies or other scientific evidence emerges that show a causal link, we will be happy to reopen your file and help you to pursue compensation.
In the meantime, regardless of whether or not we are able to pursue your case, we are grateful for the opportunity to review your claim, and for your willingness to stand up to corporations that cause harm to innocent people.
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Se Habla Español
We're thrilled to announce that Stephen P. Niemira has joined OnderLaw as a personal injury attorney. His focus will be on serving our Spanish-speaking clients.
Stephen spent nearly a decade and a half working at a large St. Louis law firm where he was an equity shareholder, focusing on complex litigation matters in state and federal courts. He was elected to law firm leadership positions including the firm Management Committee and Practice Group Leader for Business Litigation.
Stephen also spent more than 13 years living and working in the Amazon region of Bolivia, where he served as diocesan administrator and program coordinator for the Apostolic Vicariate of Pando. There he developed and executed programs that provided access to education and health care for marginalized and remote populations.
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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.
The choice of a lawyer is an important decision and should not be based solely upon advertisements.
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