Talc, 3M, Camp L. & Mass Tort News

Feb 6, 2025

Talc, 3M, Camp L. & Mass Tort News

The mass tort world has been a rollercoaster over the past year—complete with nail-biting twists, billion-dollar breakthroughs, and a few unexpected delays that had everyone reaching for the stress ball. While some setbacks tried to steal the spotlight, 2024 delivered big wins for plaintiffs, and 2025 is already shaping up to be a sequel worth watching. From historic settlements to emerging MDLs, the drama continues.

Johnson & Johnson Talc Litigation: Big Bucks, Bigger Votes

Johnson & Johnson's talc litigation stayed in the headlines in 2024 with an $8 billion settlement proposal. The deal aimed to resolve over 100,000 claims alleging the company's talc products caused gynecological cancers. The catch? It required approval from 75% of claimants to move forward. As of January 2025, approximately 83% of plaintiffs voted in favor. Discovery issues pushed the fairness hearing to February 2025, but we expect the settlement to be approved, and plaintiffs (and attorneys) can start looking forward to getting paid.

3M Combat Arms Earplugs Litigation: $6 Billion, Loud and Clear

The 3M Combat Arms Earplugs MDL, the largest in U.S. history, saw over 250,000 claims from military veterans and service members who alleged hearing loss and tinnitus caused by defective earplugs. After a rough couple of years, with unfavorable rulings and a shaky bankruptcy strategy, 2024 truly did become a year of redemption for plaintiffs.

In June, 3M announced a $6 billion settlement, including $5 billion in cash and $1 billion in stock. The settlement followed a key ruling from U.S. Bankruptcy Judge Jeffrey J. Graham, who shut down 3M's third attempt to shield itself from liability through its subsidiary's bankruptcy filing. This was a defining moment—not just for the plaintiffs but for the mass tort system itself. If corporations thought they could hide behind a bankruptcy shell, Judge Graham's ruling made it clear: not on his watch. For plaintiffs, this victory is a testament to the strength of their claims and the resilience of the legal teams who fought tooth and nail to get here.

Camp Lejeune Justice Act Claims: Slow Progress, But Options Are Emerging

The Camp Lejeune Justice Act of 2022 opened the floodgates for claims tied to toxic water exposure at the Marine Corps base. By the end of 2024, more than 100,000 claims had been submitted to the U.S. Navy's Office of the Judge Advocate General. But let's be honest—it's been a snail's pace. Fewer than 10% of claims have been fully adjudicated, and plaintiffs are understandably frustrated. Attorneys have called out the government for underfunding and understaffing the administrative process, which has left many claimants in limbo.

Meanwhile, procedural progress is finally gaining traction. The U.S. District Court for the Eastern District of North Carolina issued its first case management orders, setting timelines and outlining bellwether trial selection criteria. The first trials are expected in mid-2025, but we believe that estimate is optimistic. For those who stick it out, these trials will be the first real test of the evidentiary and legal framework created by the Act. It's slow going, but there's light at the end of the toxic water tunnel.

Related Roundup - Going Beyond the Core Mass Tort News

Six cases selected for full discovery in Paraquat lawsuit, trial begins in October

The first federal trial in the multidistrict litigation docket for injuries caused by Paraquat herbicide is set to begin in October 2025. The U.S. District Court for the Southern District of Illinois is overseeing the case. In an order issued January 23, 2025, the court identified six cases for full discovery and also set important deadlines as the cases move forward to their individual trial dates. This new order honors the court's statement in April 2024 that it would move "expeditiously" to identify a new slate of cases for discovery after dismissing the first proposed set of trial cases.

Personal injury firm Parker Waichman pursuing alcohol industry over cancer link

On January 3, U.S. Surgeon General Vivek Murthy announced that alcohol consumption, even at moderate levels, significantly increases cancer risk. After the announcement personal injury firms, including powerhouse Parker Waichman LLP, moved to begin seeking plaintiffs for a class-action lawsuit against the industry, accusing manufacturers of failing to warn the public about the risks. Tom Wark, an executive in the wine retail industry, believes that proving the link between alcohol and cancer will be more challenging than seen in tobacco lawsuits because the connection to cancer is less well established. However, he worries that the public perception of this litigation will negatively affect the alcohol industry's bottom line.

Federal Preemption Defense in Failure-to-Warn Claims on Shaky Ground

For over thirty years, corporations have used the concept of "federal preemption" to defend against personal injury claims. This argument says that because state laws may not preempt federal laws, federal approval of the product prevents injured users from filing suit under any state-level statute.

The scope and application of this defense is now under scrutiny, especially in terms of ongoing Roundup litigation. Two circuit courts, the Third and the Ninth, have recently issued contradictory rulings in failure-to-warn cases. Future application of the federal preemption defense is uncertain, and the Supreme Court may soon be pressed to offer guidance in this matter.

Total number of Camp Lejeune injury claims trimmed to 480K after duplicates removed

The period to claim injuries due to exposure to contaminated water at Camp Lejeune ended in August 2024 with almost 800,000 total claims filed. After a process that removed duplicate filings, settlements, and dismissals, approximately 480,000 claims remain. The litigation is moving toward early bellwether trials, overseen by U.S. District Judges in North Carolina.

Two tracks are being pursued. The first includes bladder cancer, kidney cancer, leukemia, Parkinson's disease, and non-Hodgkin's lymphoma. The second track will cover prostate cancer, kidney disease, lung cancer, liver cancer, and breast cancer.

Status report requested on Tepezza hearing loss lawsuit

In 2023 a multidistrict litigation was established to centralize approximately 200 claims that Horizon Therapeutics failed to warn users that its drug Tepezza could cause permanent hearing damage. The discovery process for 12 initial cases has been contentious, with accusations made of witness coaching. Judge Thomas Durkin of the U.S. District Court for the Northern District of Illinois urged the parties to work together and has ordered a joint report on the discovery process, delaying a status conference originally set for this week.

Merck asks judge in Gardasil MDL to exclude expert testimony

Over 200 product liability lawsuits have been filed claiming that Gardasil, an HPV vaccine produced by Merck & Co., can cause serious neurological and autoimmune conditions. Merck & Co. has filed motions to dismiss Gardasil lawsuits, arguing that plaintiffs cannot prove a link between the HPV vaccine and their injuries, except by virtue of expert testimony that it asks the court to exclude. The company also raises a federal preemption defense, arguing that the FDA's approval of Gardasil's label supersedes any state-level failure-to-warn claims.

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Talc, 3M, Camp L. & Mass Tort News