Latest / The Jon and Marc Podcast / The 2026 April Mass Tort Power Rankings: Who Takes the Top Spot?
Transcript
- 0:00Welcome to Tor Talk. We are one week away from MCMP
- 0:03in Vegas next week at The Win, and today we are celebrating the
- 0:08Michigan Wolverines National Championship in basketball.
- 0:11Go blue. Thank you.
- 0:13Thank you very much. I'm a very, very happy man this
- 0:15morning, even though I only got about four hours of sleep today.
- 0:19We are going to be doing the power rankings for April.
- 0:22It has been about a month since we did our power rankings and
- 0:24there has been so much going on in the world of mass torts that
- 0:28we needed to go through all the different mass torts that you
- 0:32potentially should be looking at gaining cases.
- 0:35And these are specifically based around the case types that you
- 0:38should consider potentially looking at acquiring more cases
- 0:41for. Joe is going to talk to you
- 0:43about each of these one by one and we're going to go through
- 0:45the pros and cons of each. What is trending up, what's
- 0:48trending down and what may be coming soon and be discussed at
- 0:52MTMP next week and mass towards Puerto Rico in just about a
- 0:56month. Mark, Are you ready for it?
- 0:58I'm ready. I prefer this.
- 0:59There's some new mass towards making the list that we're not
- 1:03on here the past a week, so I'm very excited to for the audience
- 1:07to learn what they are. Congratulations, John on your
- 1:09big win there. I I know it must feel good to be
- 1:12on top of the world. We'll see what next toward ends
- 1:15up at the top of the power rankings.
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- 1:40Let's talk more information at rrdigitalmedia.com.
- 1:44Back to the pod. We are going to get started at
- 1:47#10 at #10 We have Bear Hugger still staying in the top 10 from
- 1:52last month. There's a trial scheduled for
- 1:552026. This has been around for about a
- 1:58decade. Can the pressure from that trial
- 2:00bring about a potential settlement, Joe?
- 2:02That's we're all hoping. So this is one of the legacy
- 2:04mass torts. I think it's one of two legacy
- 2:07mass torts in the top ten. We have more than 9000 cases and
- 2:12what's going on in this litigation is the pressors
- 2:14really coming outside of the MDL.
- 2:16So there's a lot of state court proceedings that are hopefully
- 2:19on track for trials in 2026, maybe towards the end of the
- 2:23year or trial in Philadelphia. We have hopefully trials coming
- 2:26up in Minnesota State court. The cases are getting worked up
- 2:30in the MDL. The cases then are supposed
- 2:32supposed to get remanded. So hopefully this pressure can
- 2:35get these bear hugger cases resolved.
- 2:38We haven't seen large groups of cases settled.
- 2:40There's been a few cases that have settled so far, but
- 2:44hopefully we can get this pressure on three M and and get
- 2:47this whole inventory resolved later this year.
- 2:50That's a tort we're really looking to see some progress
- 2:52made on in 2026 #9 We have the opposite of Bear Hugger, which
- 2:57has been around for a while. We have Dupixent, which is a
- 3:00newbie on our power rankings, a pending motion to consolidate
- 3:04and form an MDL that was filed a couple months ago, February
- 3:0713th. Do you think Dupixent really
- 3:10will be the next mass toward? I do John, but with this one I
- 3:13want to cost is everybody. I don't think we're going to
- 3:16have a huge, huge number of mass torts cases like we typically
- 3:20see and maybe talc, a roundup or even get to the 10,000 threshold
- 3:25and bear hugger. I think we're going to have a
- 3:28couple 1000 cases. It's right for an MDL.
- 3:32The injuries are significant. The science seems to be pretty
- 3:35strong. So this is one that everybody's
- 3:38definitely going to be talking about at MTMP.
- 3:40Not a lot of buzz about it right now.
- 3:43We'll probably have an MDL formed after the next JPML
- 3:46hearing later this year, but this is one that's going to be
- 3:49with us for a couple years I'd imagine.
- 3:51Be very interesting to hear what people are saying at MTNP on
- 3:54this one. It is so fresh, so new, and with
- 3:57a limited amount of potential cases.
- 3:59We'll see how far it goes. Coming in at #8 we have the
- 4:03largest mass tort in the world, talcum powder.
- 4:06A lot of attention's been paid on the arguments between J&J and
- 4:10BZ Allen, but what is actually going on with talcum powder?
- 4:13That's a good point, John. What we really want to focus on
- 4:16is the litigation. As you mentioned, we have almost
- 4:1970,000 cases pending. We're really trying to get
- 4:22towards more trials as we always are in these cases.
- 4:27We had a good ruling as you remember earlier this year on
- 4:30experts in the MDL. We had a trial in Philadelphia
- 4:34and state court that was a verdict for plaintiff,
- 4:37definitely less than what we hoped.
- 4:39But later this month there's a settlement conference that
- 4:42scheduled. I'm hearing some optimism, very
- 4:46limited buzz about optimism about maybe a resolution in this
- 4:49case. I think all of the attention for
- 4:51the last six months has been on these of the Allen versus J&J
- 4:56that seems to be behind us at this point.
- 4:58Hopefully we can get some momentum coming out of this
- 5:01settlement negotiation conference and then ultimately
- 5:05get these cases resolved. I think we're going to have to
- 5:07try a couple more cases, but I do think we we are going to see
- 5:12the end of this litigation likely before the end of 2026.
- 5:16Would love to see that. It's been going on for so long.
- 5:19These claimants have been through so much.
- 5:21These law firms have been through so much with the
- 5:23bankruptcies. Hopefully we can make it to the
- 5:25end before the end of 26. That's an unfortunate
- 5:29development we see in a lot of these cases, right?
- 5:31We know one of the strategies the defendants deploy is delay,
- 5:35delay, delay. They want the claimants to die,
- 5:38the memories fade, Maybe their families don't end up, you know,
- 5:42opening an estate and then they walk away with nothing.
- 5:46So we see it all the time, but especially these cases, these
- 5:50cancer cases, it's a big problem.
- 5:52All right, coming in at #7 we have the GLP 1 weight loss
- 5:56drugs, as we've been talking about for many months, these
- 5:58parallel paths for the vision loss cases and the
- 6:01gastrointestinal injuries. What comes next in the weight
- 6:04loss litigation, Joe? Like you mentioned, John, we're
- 6:07looking at these together when people are advertising.
- 6:10I think you could do an advertisement for either the
- 6:12gastro injuries or these vision loss cases.
- 6:15The vision loss cases keep getting stronger and stronger as
- 6:18time goes along. Everybody's really excited about
- 6:21those. I just want to caution
- 6:23everybody, I don't think we're going to see a huge, huge number
- 6:26of those cases out there. It's probably looking in the
- 6:30thousands. Whereas with the
- 6:32gastrointestinal injury cases, we're making some really good
- 6:35progress with that. The injuries really are focusing
- 6:38on gastroparesis. So about 75% of the cases are
- 6:43focusing on that injury. That's almost about that's our
- 6:46signature injury. So we're going to keep working
- 6:48those cases. The gastro injury cases almost
- 6:51have a two year head start on the vision loss cases.
- 6:54So we'll probably get towards some bellwether scheduling in
- 6:5827. I don't think we'll have a trial
- 7:01set yet, but hopefully for the end of 27 we could have some
- 7:04good ruling zone experts and the bellwether cases worked up and
- 7:08then maybe that brings it a resolution.
- 7:10But the vision loss cases, they're going to be dragging
- 7:13behind for a couple years. Coming in at #6, we have the
- 7:18first of four technology platforms.
- 7:21In our top six, we have video game addiction.
- 7:24Are people still excited about this litigation?
- 7:26I think you made a good point, John.
- 7:27This is crazy to think, you know, even two years ago if you
- 7:31tell me that four of the top six man stores out there would be
- 7:34involving tech companies, I won't believe you.
- 7:38I mean, we've just seen this complete shift and what's the
- 7:41focus of these litigations? And I do do think people are
- 7:45more excited than ever about these video game addiction
- 7:48cases. We saw that verdict that came
- 7:51down in the social media addiction.
- 7:53We talked a lot about it, but that really spurred the
- 7:55excitement. It's a similar type of theory
- 7:57going on in these video game addiction cases.
- 8:00We have some litigation ongoing. We don't have an MDL, but
- 8:04they're still a home for these cases.
- 8:06And as time goes on, I think pressure that we're seeing in
- 8:09this video game addiction along with the pressure that will get
- 8:13in the social media addiction will ultimately bring about some
- 8:16sort of resolution and then change to the platforms, which
- 8:20we really need and is evident by everything that's going on.
- 8:23Yeah, video game addiction. There's a lot of buzz about it
- 8:25last year at MTMP and it kind of died down.
- 8:28You think it's it's really making a comeback, huh?
- 8:31Yeah, I do. It's, it's nobody's talking
- 8:33about it on the level as they are with the social media
- 8:36addiction, but I think it's a viable claim.
- 8:39We we have some good attorneys and good firms that are involved
- 8:42with it. It's been in the work for a
- 8:44couple years. So I do think we're going to end
- 8:46up getting a resolution in that. And it's probably the least
- 8:50talked about TAC claim that's out there, but it's pretty
- 8:52mature compared to some of these other cases.
- 8:55So I I would involve, I would encourage people to get involved
- 8:59in this case as well. All right, we're taking off the
- 9:02hat. We're getting down to business
- 9:03now. We're in the top five coming in
- 9:05at #5 We have the app that my children still ask me to play
- 9:10every single week. I still deny them.
- 9:12It's Roblox, another tech in the top 6.
- 9:15How is this MDL shaping up? It's coming together pretty well
- 9:19so far. We have a lot of really
- 9:21experienced law firms and attorneys that have been
- 9:24appointed to leadership. You know, these cases are really
- 9:28severe. So the injuries and Roblox cases
- 9:32pretty much are more severe and more extreme than what we've
- 9:34been saying in the video game or the social media addiction.
- 9:38The criteria is getting a lot tighter here.
- 9:40We're really focusing on a lot of cases that involve, you know,
- 9:44physical contact, taking it offline.
- 9:47So we know these platforms are really dangerous to kids.
- 9:52I think it's good that that's getting out there, but we're
- 9:54just getting our feet under us and this MDL.
- 9:57Expect to see a couple scheduling orders coming out in
- 10:00the next couple months that will really set everything up for us.
- 10:05We'll end up going through the motion to dismiss practice.
- 10:08They're really trying to get the cases into arbitration.
- 10:11Hopefully, we were able to beat that back.
- 10:13Then the litigation will open up or we'll have some sort of
- 10:16master filings. We'll do the discovery process
- 10:20and then hopefully we can have a fast rocket docket like we've
- 10:23seen in Depo Rivera and really push these cases aggressively
- 10:27towards some sort of bellwether process.
- 10:29Joe, what's your perspective on multi platform communication?
- 10:36When you have someone who is engaging with a predator on
- 10:39Roblox, who then moves the conversation to a different
- 10:42platform, how do you see that playing out as the Roblox
- 10:47litigation specifically develops?
- 10:49It's it's definitely going to be something that's common and I
- 10:53think these predators have that down.
- 10:55But as far as liability there, there could be liability on
- 10:59multiple platforms, but I think the one that's going to be most
- 11:02culpable is going to be the platform where that initial
- 11:05interaction really started. You know, the problem with
- 11:08Roblox is they were allowing people just create these fake
- 11:11accounts and they didn't have the safeguards in place to
- 11:14verify who they were or verify the minors.
- 11:17So I think that's really the problem with that.
- 11:20But you could have a case where you have a plaintiff, for
- 11:23example, that could, you know, have a video game addiction or
- 11:26social media addiction or somebody have a Roblox came and
- 11:30then have a separate video game addiction.
- 11:32We're looking at a little bit different injuries in the
- 11:35roadblocks from the social media addiction.
- 11:38But that is a problem. And you could potentially sign
- 11:41up a claimant for multiple potential claims.
- 11:44So that's a good point for people to be on the lookout for
- 11:46that. I wasn't even thinking about
- 11:48signing up for multiple claims. I was thinking of that famous
- 11:50spider man meme where you've got the the multiple spider man's
- 11:54just all pointing at each other, right?
- 11:56And in this situation, you could have Roblox's defense saying,
- 11:59oh, well, you know, they couldn't communicate on our
- 12:02platform, so they had to go to a different 1.
- 12:04So we're not liable. We put the protections in place.
- 12:06And then maybe you have a Snapchat or a Discord where the
- 12:10communication escalates and leads to to the in person
- 12:13assault pointing back and saying, well, if it didn't
- 12:15happen on Roblox, it never would have been an issue.
- 12:18It'll be very, very interesting to see how this develops.
- 12:22Yeah, definitely. Though, you know, ultimately
- 12:24apportion some sort of liability to the different platforms, you
- 12:28know, that's how it work out. So I think they'll factor in how
- 12:31many hours were they using something.
- 12:34And then I really think that initial contact, that initial
- 12:37association is going to be, you know, the determining factor, at
- 12:41least in my opinion, where a lot of the liabilities should lie.
- 12:44At #4 you briefly mentioned Depo Provera and the rocket docket.
- 12:48Depo Provera comes in at #4 this month.
- 12:50It's the fastest moving MDI in history, has us on track for a
- 12:54trial in December 2020. Sixth, what needs to get done in
- 12:58order for us to get there and potentially be successful for
- 13:02the plaintiffs at that first trial?
- 13:04Yeah, this doc, it's crazy. I, I haven't seen anything like
- 13:07it. We're a little over a year after
- 13:09it's been formed, but it's going along at this rapid pace.
- 13:12I know me and Mark talked a little bit previously about
- 13:16seeing 1000 filings in a month. Right now we're up over 5000
- 13:20cases. So we're still waiting from the
- 13:22judge on the preemption ruling. That seems like a slam dunk.
- 13:26We know that they, the defendants actually ended up
- 13:30updating their warning label just like we said they should
- 13:33have from from the beginning of what we're doing now is working
- 13:36up these individual cases, kind of sample cases.
- 13:40They're getting worked up like bellwether cases.
- 13:43And ultimately we'll get a ruling here.
- 13:46I would expect in the next two months on the preemption.
- 13:49Then we're going to end up hearing from the experts.
- 13:51We'll get a ruling probably before the end of the summer on
- 13:55the general causation experts. And then when we get into the
- 13:58fall and the winter, we'll get the case specific work up.
- 14:01So it's going along amazingly well for the plaintiffs.
- 14:05The documents are bad for the defendants.
- 14:07We have a judge who oversaw 3 M as you remember, Judge Rogers,
- 14:12she's doing a great job and everybody's really excited about
- 14:15that. At #3 we have Uber sex abuse
- 14:19staying in the top three. We really haven't heard too much
- 14:22news about this since the last trial ended.
- 14:24What will the next bellwether trial tell us, and what's the
- 14:27current status of the overall litigation?
- 14:29Right. So we're seeing more pressure on
- 14:31Uber right now. We're gearing up for the next
- 14:33bellwether trial. So again, this case is an MDL
- 14:37where the judge, instead of holding the trials in the MDL
- 14:41before that court is remanding and sending them out to the
- 14:45District Court where the case would have been filed.
- 14:48So right now we're gearing up for the next trial in North
- 14:51Carolina. And this case, we saw that the
- 14:54judge came down and ruled that Uber is what's considered a
- 14:58common carrier. So that means that there are
- 15:01going to be responsible and liable for the acts of the
- 15:03driver. So they're fighting that right
- 15:06now, but the case is moving towards trial.
- 15:09We'll have that here in the summer.
- 15:10It looks like we've developed the playbook and what was needed
- 15:14to get a good number in the verdict in the last trial.
- 15:17So that's going to keep going on.
- 15:19Meanwhile, we still have the state court action proceeding.
- 15:22And I've been hearing some rumors that some of these Uber
- 15:26cases are settling. Doesn't mean there's a global
- 15:29settlement in the works right now, but it seems that Uber's
- 15:32kind of changed tactically a little bit.
- 15:35These one cases with severe injuries, really clear records,
- 15:39maybe the hospital reports and police reports backing it up.
- 15:43They've been resolving some of those cases allegedly, and it
- 15:48seems like now they're thinking about how to kind of resolve the
- 15:51litigation overall instead of fight, fight, fight, as we saw
- 15:55in the beginning, likely because they've changed some of the
- 15:58terms of their user agreement and have made some changes to
- 16:02the platform. Yeah, last time I ordered Uber
- 16:05Eats, I was forced to accept their new terms and conditions.
- 16:09So I, I think we're, we're dealing with a trickle down
- 16:12effect of what happened with the social media addiction verdict.
- 16:17The platforms realize they are, are no longer immune or
- 16:20potentially immune. Is this next bellwether trial of
- 16:23plaintiff or a defense pick? I believe it's a defense pick.
- 16:27Won't hold you to it. All right, we've finally hit the
- 16:30top two. Number two, we have Hair
- 16:32Relaxer, which last month was at #1 which means we have a new
- 16:36number one Joe Mark. Hair Relaxer has over 11,000
- 16:39active cases in the MDL. Where do we stand in the
- 16:41litigation? Yeah, it's, it's going forward
- 16:44really well. Parties were instructed to
- 16:47select and propose some bellwether cases.
- 16:50The judge didn't like the selections by the parties.
- 16:53Basically, she came out and said these cases aren't
- 16:56representative of what true bellwethers are.
- 16:59There were all these other issues that could distract the
- 17:02jury. So she entered an order just
- 17:05last week that identified the, I believe it's 10 bellwether cases
- 17:09to get worked up. Those cases are going to get
- 17:11worked up further here, the individual work off of
- 17:14depositions of plaintiffs and the doctors and then the
- 17:17experts. And then ultimately we're
- 17:19looking at a trial about a year from now.
- 17:22So a lot of excitement in that litigation is going forward
- 17:25pretty well. We'll have a causation ruling on
- 17:29the general experts like who this summer.
- 17:32I'm feeling optimistic that all three of the cancers are going
- 17:35to survive the uterine, endometrial and ovarian cancer.
- 17:39And then we'll gear up towards the bellwether cases.
- 17:42So this has been a long, hard fought case, a lot of different
- 17:46defendants, a lot of different products, and that's why it's a
- 17:49lot more complex than, say, Depo Rivera.
- 17:52But we have some good momentum going here.
- 17:55I think we're going to end up with maybe 15,000 total cases.
- 17:58I still love this case, but it did get knocked off the top
- 18:01spot, and that's for a pretty obvious reason.
- 18:05Yeah. Right, rightfully so.
- 18:06And before we reveal #1 which many of you can probably guess,
- 18:10let's talk through the ones to watch and what we're waiting and
- 18:13seeing on. And in the wait and see bucket,
- 18:16we do have Tylenol. We're still waiting on the
- 18:19Second Circuit to potentially breathe new life into this
- 18:21litigation. It's kind of been off again on
- 18:23again for Tylenol, but that one's still holding tight.
- 18:26I'll wait to see what happens there in our once to watch.
- 18:30Surprised it didn't make the top ten.
- 18:32I'm a firm believer in this one. Bard power port.
- 18:35A positive jury verdict in the first bellwether trial could
- 18:37have a lot of excitement added to this litigation.
- 18:41We'll see whether or not that actually happens.
- 18:43And then one that I'm hearing a lot of underground buzz about
- 18:46the Olympus scope infection cases.
- 18:49Obviously, a lot of people have had scopes done, whether those
- 18:53are colonoscopies or other types of scopes.
- 18:55Olympus is the largest manufacturer, I believe, of
- 18:58these types of scopes. Very new litigation, a lot of
- 19:01buzz around this. Joe, just for those who don't
- 19:04know about this litigation, can you give a brief overview of the
- 19:07Olympus scope infections? Yeah, it's just starting out.
- 19:10Like you said, John, we, we don't even have a JPML petition
- 19:14filed yet. So realistically, I'd imagine it
- 19:17comes on everybody's radar in the fall of this year.
- 19:20But basically, it's a huge manufacturer.
- 19:23Thousands of these products are used every day.
- 19:26And basically it's causing and contributing to infections on
- 19:30people who have an Olympic scope during a procedure like you
- 19:34mentioned, and then later the next day, within a few days,
- 19:37develop an infection, end up needing additional treatment,
- 19:41sometimes additional surgery. So this has the potential to be
- 19:44a huge mass tort. And when I say huge mass tort,
- 19:48we're looking at more than 20,000 potential cases.
- 19:51This could get really big. Stay tuned.
- 19:54Everybody's going to be talking about it.
- 19:56I think it's a level below the excitement we have for our
- 19:59number one, but I know we're going to have an MDL formed and
- 20:03I know everybody will be talking about it out in Vegas.
- 20:06Yep, absolutely. Speaking of #1 the Michigan
- 20:13Wolverines coming in at #1 social media addiction.
- 20:20So social media addiction has been the talk of the town for
- 20:24the past two weeks since the verdict.
- 20:26Some may say the trial of the century, Section 230, I think
- 20:29effectively as a, a viable defense is over.
- 20:33We, we kind of knew going into the trial if that was the case
- 20:36because of past rulings. But we saw it come to fruition
- 20:38with the $6 million verdict against Meta and Google's
- 20:42YouTube couple weeks ago, heralded by Mark Lanier of the
- 20:46Lanier Law Firm. Do you still think there's
- 20:48opportunity to get involved, Joe?
- 20:50I do, and that's why we have it at #1 there's still a ton of
- 20:53cases out there. This case isn't going away today
- 20:56or tomorrow or next month. And so there's a lot of
- 20:59potential users out there that need our help.
- 21:02The case in the science has been pretty worked up.
- 21:04We know what the signature injuries are.
- 21:07We know what the demographics are for the plaintiffs.
- 21:09We know that these defendants will either pay or ultimately be
- 21:14told by the jury to pay. So still some time to get
- 21:17involved in this case. Everybody's going to be talking,
- 21:20thinking about it, a mass tort made perfect.
- 21:22Every other conversation you have will probably be about it.
- 21:25But just let them know that we think there's still time to get
- 21:28involved. If you guys have questions about
- 21:30the criteria or what a case really looks like, there's
- 21:34different tiers, reach out to me or John and Mark.
- 21:37We'll give you guys some insight.
- 21:38But be careful when you're getting these cases.
- 21:40But there's still a lot of time to get involved.
- 21:43Yep, absolutely. Super excited about this one.
- 21:46Love to see that verdict that we had a couple weeks ago and
- 21:48excited for the future of the litigation, not only from a
- 21:51business perspective, but I do think that this is the right
- 21:54thing to do to protect people from these platforms and it is
- 21:58setting the table for a lot of these other platform based
- 22:00litigations as we talked about earlier.
- 22:03That being said, we are wrapping up this month's Tortalk Power
- 22:08rankings and our next Tortalk we will film in Las Vegas at MTMP.
- 22:13We were only one week away. It's going to be two things.
- 22:17It's going to be social media addiction and then it's going to
- 22:20be Olympus so that those are the 2 ones.
- 22:23And then hopefully we get word, maybe some good updates on talc
- 22:27about a settlement coming down the Pike.
- 22:29Yeah, don't, don't we have a deadline coming up?
- 22:31For talc, you're saying? Yeah.
- 22:34Yeah, there, there's a settlement conference scheduled.
- 22:37We, we've been working with the mediator there for a couple
- 22:39months now. But like I said, I'm, I'm
- 22:41hearing buzz, some people are getting a little bit more
- 22:44excited. If you're watching the docket
- 22:46filings, that's a good place to get a tip off.
- 22:49We we've seen a big increase in some of the filing.
- 22:52So if you got cases, get them on file.
- 22:55Excellent. As always.
- 22:56Thank you, Joe, for joining us. And we will see everybody next
- 22:59week in Las Vegas for MTNP. This is Tort Talk.