By Christina Grube

(MASS TORT NEWS) – The Judicial Panel on Multidistrict Litigation met on Thursday, Sept. 29th in St. Louis Missouri for the fourth time in 2022. A week later, the seven judge panel released rulings on actions associated with 11 of the 12 cases discussed. The panel created three new MDLs, denied two requests for consolidation, denied four plaintiff requests to vacate, approved one plaintiff request to vacate, and approved one transfer request.

New MDLs Created with Oral Arguments:

MDL No. 3043 - IN RE: Acetaminophen - ASD/ADHD Products Liability Litigation

• Parents of children born with autism bring suit against distributors of Acetaminophen for failing to inform consumers of the danger of prenatal exposure to Paracetamol, which may increase chances of children being born on the autism spectrum. 
• The panel ruled to consolidate 18 actions to the Honorable Denise L. Cote in United States District Court for the Southern District of New York.
• The transfer order shows 47 additional pending actions

MDL No. 3047 - IN RE: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation

• Plaintiffs bring suit against Meta social media (Facebook and Instagram) for their alleged intentionality with marketing addictive social media to minors, not warning consumers of risks to perpetual social media use.
• The panel ruled to consolidate 28 case actions to the Honorable Yvonne Gonzalez Rogers in the Northern District of California against Meta Platforms.

MDL No. 3044 - IN RE: Exactech Polyethylene Orthopedic Products Liability Litigation

• Orthopedic implant producer Exactech recalled three Polyethylene inserts after they began prematurely oxidizing due to improper storage which caused, resulting in a weaker product. Patients who received the faulty inserts and underwent additional injury and surgery because of the devices now bring suit against the Florida medical distributor.
• JPML ruled to consolidate all 27 actions to the Honorable Nicholas G. Garaufis in the Eastern District of New York.

MDL No. 3048 - IN RE: Klamath River Basin Litigation

• Litigation between south-central Oregon and northern California farmers, Native American Klamath Tribes, and the commercial fishing industry over the ownership of the Klamath river basin and the use of its resources. 
• JPML denied all seven proposed plaintiff actions for consolidation, reasoning that, “these cases can be more effectively and efficiently advanced, and resolution achieved more quickly, without centralization.”

MDL No. 3046 - IN RE: U.S. Postal Services Next Generation Delivery Vehicle Acquisitions Program Record of Decision Litigation

• Litigation brought against the U.S. Postal Service (USPS) and U.S. Postmaster General Louis DeJoy by environmental groups alleging the USPS did not comply with the National Environmental Policy Act (NEPA) policy of an environmental impact report before purchasing approx. 212,000 Next Generation Delivery Vehicles (NGDV). The USPS entered into a contract with Oshkosh Defense for a new design of mail trucks (hence the name “Next Generation Delivery Vehicles”).
• JPML denied all three plaintiff motions to consolidate cases.

Decisions on Existing MDLs Without Oral Arguments:

MDL No. 3026 - IN RE: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation

• JPML denied plaintiff request to vacate consolidation of action from the Illinois-based MDL.
• More on Abbott Formula MDL 3026

MDL No. 2873 - IN RE: Aqueous Film-Forming Foams Products Liability Litigation

• JPML approved vacation request by plaintiff Circle K to remove their action from the South Carolina based MDL.
• More on PFAS MDL 2873

MDL No. 2627 - IN RE: Lumber Liquidators Chinese-Manufactured Flooring Products Marketing, Sales Practices and Products Liability Litigation

• JPML approved motion of defendant to transfer one action to the Honorable Anthony J. Trenga in the USDC Eastern District of Virginia.

MDL No. 2151 - IN RE: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation

• JPML denied the plaintiffs request to vacate a previous temporary consolidation ruling, officially consolidating the plaintiff’s action to the MDL in USDC Central District of California.

MDL No. 2846 - IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

• JPML denied one request by plaintiff to remove action from the Ohio based MDL.
• More on Hernia Mesh MDL 2846

MDL No. 3014 - IN RE: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation

• JPML denied plaintiff’s request to remove action from the Pennsylvania-based MDL.
• More on Philips CPAP MDL 3014