Upcoming Product Liability Week: November 1, 2021



Here are some events of interest to the product liability law community this week. All times are local, unless otherwise noted.

Monday November 1

9 a.m. – Jury selection is expected to begin in a lawsuit brought by Alabama Attorney General Steve Marshall accusing drug distributor McKesson Corp and drug maker Endo International Plc of fueling the outbreak of opioids in the United States. McKesson recently offered to settle all of the opioid cases against him by states and local governments for $ 26 billion, but Alabama has chosen not to join that settlement. McKesson in a motion in August said the state was looking for more than $ 20 billion. Opening statements are expected on Wednesday.

The case is State of Alabama v. Endo Health Solutions Inc, et al, Montgomery County Circuit Court, Alabama, # CV-2019-901174. For Alabama: Assistant Attorneys General Rhon Jones; Joshua Hayes and Jere Beasley, and Rhon Jones of Beasley, Allen, Crow, Methvin, Portis & Miles; and Robert Prince of Prince Glover Hayes. For McKesson: Harlan Prater of Lightfoot, Franklin & White and H. Lewis Gillis of Means Gillis Law. For Endo: Carole Rendon from BakerHostetler.

9:00 a.m. – The latest in a series of barometric lawsuits is scheduled in one of thousands of lawsuits against 3M Co over its military earplugs, which the plaintiffs claim were faulty and caused hearing loss and damage. The trial will take place before U.S. District Judge Liles Burke of the Northern District of Alabama, but will take place in the Northern District of Florida in Pensacola, where a multi-district litigation is pending. Complainant Joseph Palanki alleges that he suffered hearing damage after wearing earplugs while stationed at a military base in Texas.

The case is Palanki v. 3M Co et al, US District Court, Northern District of Florida, No. 19-cv-02324. For Palanki: Brian Barr of Levin Papantonio Rafferty et al. For 3M: Nicholas Wasdin of Kirkland & Ellis et al.

Thursday, November 4

9:00 a.m. – A hearing is scheduled before U.S. trial judge Jacqueline Scott Corley in San Francisco in a dispute over the failure of a cryogenic tank at the Pacific Fertility Center, a fertility clinic in San Francisco. Hundreds of people have sued manufacturer Chart Industries Inc over the March 2018 tank failure, which resulted in the destruction of thousands of eggs and embryos, and are separately pursuing arbitration against the clinic. The first trial ended earlier this month with a jury finding Chart to be 90% responsible for the failure, awarding a total of $ 15 million to five plaintiffs, and more trials are scheduled in the coming months. months to come. The hearing will cover motions relating to upcoming trials, including summary judgments and questions in limine.

The case is In re Pacific Fertility Center Litigation, US District Court for the Northern District of California, No. 18-cv-01586. For applicants: Dena Sharp of Girard Sharp; Adam Wolf of Peiffer Wolf Carr Kane & Conway; and Amy Zeman of Gibbs Law Group. For the card: John Duffy of Swanson, Martin & Bell.

Do you know of an event that could be included in the upcoming week in product liability law? Contact Brendan Pierson at [email protected].com.

Brendan Pierson

Brendan Pierson handles product liability litigation and all areas of healthcare law. He can be reached at [email protected]



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