A look back at active mass torts lawsuits in 2023

Product liability lawsuits are sometimes filed because one person has been harmed as a result of defective or unreasonably dangerous product. There are also times when products harm so many people that those victims join forces.

There were a number of mass tort lawsuits making their way through the courts in 2023. The following three are some of the most active and impactful.

Camp Lejeune lawsuit

The Camp Lejeune case is finally resulting in justice for many former servicemembers, their loved ones and others impacted by toxic water on the base for decades. In 2023, the Eastern District of North Carolina’s creation of a mini-MDL underscores the case’s significance. With over 110,000 administratively filed cases under the Camp Lejeune Justice Act, the magnitude of this effort is evident.

The expectation of significant settlements in the future stems from the Department of Justice’s initiation of the CLJA early settlement program in September of the previous year. Early settlements are likely for the most compelling cases, as seen in the government’s recent settlement offer. However, for many victims, the litigation could extend for years due to debates over general causation.

Talcum powder lawsuit

Johnson & Johnson’s talcum powder litigation remains among the largest class action lawsuits in the U.S. civil system at present. The allegation that prolonged exposure to talc, as found in products like baby powder, can cause cancer has led to over 53,000 pending cases. Johnson & Johnson’s desire to avoid settling many of these lawsuits by repeatedly trying to file for bankruptcy indicates a recognition of the need for a more substantial settlement amount to reach a global resolution.

With a substantial verdict against the company and ongoing individual case settlements, it is under pressure to find a feasible settlement that would be acceptable to a majority of the plaintiffs.

C.R. Bard hernia mesh lawsuit

The lawsuit against C.R. Bard concerning defective hernia mesh patches is another significant mass tort action. As of late 2023, over 20,000 plaintiffs had pending cases in this matter, and the number continues to grow. The increased activity underscores its significance in the mass tort landscape.

Plaintiff victories, including a $500,000 verdict in a bellwether trial, raise expectations for a potential global settlement. However, the protracted nature of this litigation suggests that resolution may not be straightforward.

Participants in these cases should ensure they’re properly represented. This can help to better ensure that they get the settlement they deserve.