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Major Toxic Tort Cases on the Brink of Landmark Settlements

• wordility
• November 5, 2024November 5, 2024

In recent years, toxic tort cases have emerged as a powerful force in the legal landscape. They address the devastating effects of large-scale chemical exposures that threaten public health and the environment. These cases highlight the dangerous substances hidden in everyday products and industrial processes, affecting communities, workers, and even future generations. 

Toxic tort litigation seeks justice for those harmed while pushing corporations toward greater accountability and safer practices. It’s a fight for individuals and the broader movement toward transparency and responsibility in how companies operate. 

Let’s explore three major toxic tort cases currently in the spotlight, each awaiting potentially groundbreaking settlements that could reshape industries and protect public well-being.

AFFF (Aqueous Film-Forming Foam) Lawsuit

According to TorHoerman Law, the AFFF lawsuit centers around a firefighting foam widely used by the military, airports, and industrial facilities. This foam contains PFAS (per- and polyfluoroalkyl substances), also known as “forever chemicals,” which have contaminated water sources across the United States. The primary health risks associated with PFAS exposure include cancers (like kidney and testicular cancer), thyroid disease, immune system damage, and reproductive issues.

As research continues to unveil the dangers of these chemicals, the number of lawsuits is steadily rising. According to Drugwatch, as of October 2024, 9,896 lawsuits are pending in multidistrict litigation (MDL 2873) in South Carolina. Legal experts anticipate that many more cases will follow.

Expected Settlements

Experts anticipate that the AFFF lawsuit could lead to settlements reaching billions of dollars, drawing on precedents set by similar cases involving PFAS chemicals. Notably, Chemours, DuPont, and Corteva recently agreed to a $1.185 billion settlement over PFAS contamination in public water systems.

This substantial payout in a related lawsuit might influence the trajectory of the AFFF lawsuit settlement amounts. As these legal battles unfold, the earlier PFAS settlement is a strong indicator of the financial stakes and potential outcomes for those seeking justice.

Environmental Impact

The cases also highlight the extent of PFAS contamination in drinking water systems, affecting millions of Americans. The Environmental Protection Agency has disclosed that around 70 million people in the United States are at risk of exposure to harmful PFAS. This widespread contamination of drinking water underscores the critical necessity for measures to safeguard both public health and the environment.

Who is most at risk for AFFF exposure?

Individuals most at risk include firefighters, military personnel, airport workers, and industrial workers involved in the handling or application of AFFF. Additionally, nearby residents and environmental cleanup workers may also face exposure risks. These groups often work in environments where AFFF is used or has been previously deployed, increasing their likelihood of encountering harmful substances.

Roundup Herbicide Lawsuit

Roundup, a popular weed killer produced by Bayer, has been linked to non-Hodgkin’s lymphoma and other cancers, sparking a flood of toxic tort claims. The active ingredient in Roundup, glyphosate, is at the heart of the controversy, with scientific studies suggesting its carcinogenic potential. Despite the ongoing debate in the scientific community, many plaintiffs claim that exposure to Roundup caused their cancer.

As of May 2022, Bayer, formerly Monsanto, had settled over 100,000 lawsuits, amounting to approximately $11 billion in payouts, Forbes reports. However, as of February 2024, around 30,000 lawsuits remain pending, including 4,000 cases within multidistrict litigation (MDL) in California. With the potential for significant settlements, these ongoing cases underscore the urgency of addressing the health risks associated with glyphosate.

Court Victories for Plaintiffs

Several high-profile verdicts have already been awarded in favor of the plaintiffs, with juries concluding that Roundup caused their cancer. They also found that the company failed to provide adequate warnings about the potential risks associated with the product.

On January 26, 2024, a jury in Philadelphia awarded $2.25 billion to the plaintiff, John McKivison. He received a diagnosis of non-Hodgkin’s lymphoma following two decades of using Roundup. This ruling included more than $2 billion in punitive damages. 

Earlier, on October 31, 2023, a jury in San Diego awarded $332 million to Mike Dennis from Carlsbad, California. Dennis claimed that his long-term use of Roundup caused non-Hodgkin’s lymphoma, resulting in $7 million in compensatory damages and $325 million in punitive damages.

Global Implications

The case has far-reaching implications for agricultural practices and regulations worldwide, sparking discussions on the need for safer alternatives to glyphosate-based herbicides.

The outcomes of these cases will influence the agrochemical industry and shape public perceptions of chemical safety and corporate responsibility in product manufacturing.

How can glyphosate exposure occur?

Glyphosate exposure can occur through direct contact with the herbicide during application, inhalation of spray drift, or consumption of contaminated food and water. Long-term exposure may also occur for those who handle or work with glyphosate frequently, particularly in agricultural settings.

Johnson & Johnson Baby Powder Lawsuit

The Johnson & Johnson baby powder lawsuit is another prominent toxic tort case that has garnered international attention. Plaintiffs in these lawsuits allege that the talc in the company’s baby powder products contained asbestos, a known carcinogen. They claim this exposure led to ovarian cancer and mesothelioma in consumers. Despite Johnson & Johnson’s insistence on the safety of their products, the company faces thousands of lawsuits from affected individuals.

Massive Legal Battles

Johnson & Johnson has already encountered significant verdicts in favor of plaintiffs in various lawsuits. According to a recent report by Reuters on September 5, the company plans to allocate an additional $1.1 billion to settle tens of thousands of legal claims. 

This new funding would elevate the total settlement amount to over $9 billion over a span of 25 years. In its latest report, J&J announced an agreement with a plaintiffs’ attorney representing 12,000 clients to recommend the settlement offer. This agreement adds to the support already received from other claimants.

Bankruptcy Strategy

In a controversial move, Johnson & Johnson attempted to manage its legal liabilities by placing a subsidiary into bankruptcy. This tactic, known as the “Texas Two-Step,” is being scrutinized by courts and may impact the speed and size of future settlements.

Future Settlements

Legal experts predict that the overall settlement value for these claims could exceed $10 billion. This estimate depends on the outcomes of ongoing litigation and potential regulatory actions.

These cases are expected to shape future guidelines on product safety and raise the bar for consumer protection in the cosmetics industry.

Are there safer alternatives to talc?

Yes, there are several alternatives to talc-based products, including cornstarch, arrowroot powder, and baking soda. These alternatives can provide similar moisture-absorbing properties without the associated health risks. Many consumers are now turning to these safer options for personal care and cosmetic needs.

Overall, the AFFF, Roundup, and Johnson & Johnson baby powder lawsuits stand as critical examples of ongoing toxic tort cases with far-reaching consequences. The outcomes of these cases will impact the financial futures of the corporations involved. They will also set new benchmarks for public health standards and environmental safety. 

As these cases progress, they highlight the importance of vigilance, advocacy, and accountability in confronting the risks posed by hazardous substances in our lives. 

Staying informed about these cases is crucial, as the settlements will influence industry standards, regulatory policies, and companies’ approach to product safety.