Latest / The Jon and Marc Podcast / The Baby Food MDL Just Collapsed. What Plaintiffs Will Do Next | Tort Talk
Transcript
- 0:00Welcome to Tor Talk. I'm Mark Ryu, joined as always
- 0:03by Joe Fantini. John couldn't make it this week
- 0:06as he is giving a presentation in Denver.
- 0:09We did not kick him out. But we have a.
- 0:11Heavy hitting episode today. We are dissecting the
- 0:14disappointing Dobbert ruling in the baby food litigation.
- 0:17Things are heating up in Week 4, the social media addiction
- 0:20trial. We also have a critical update
- 0:22on the new P pass order and a massive surge in some Depo
- 0:25Provera filings. There's a lot to cover, so let's
- 0:28get started today, Joe. Yeah, Mark, excited to get with
- 0:31you this week, always bringing everybody the most exciting 10
- 0:35minutes of mass torts. Whether you're looking to break
- 0:38into mass torts or you're just looking for a partner you can
- 0:40finally trust, RR Digital is the answer.
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- 0:52visit rrdigitalmedia.com. I'm coming.
- 0:56You live from the beach because wow, I wish I had days off.
- 1:00Mass torts does not take a day off.
- 1:02Let's get into it. Heavy metal food.
- 1:04Daubert MDL ruling. So a key ruling we've been
- 1:07waiting for for a few months finally came down and the
- 1:10results aren't great for the plaintiffs.
- 1:12What can you tell us about this Dobber opinion and where do we
- 1:15go from here? Yeah, definitely a set back for
- 1:18the plaintiffs and MDL. Basically the judge in the MDL
- 1:22excluded all of our experts except one and really set a high
- 1:26standard that we're going to need to be able to revive this
- 1:29litigation, at least in the MDL. Basically the judge was saying
- 1:34that the studies that are experts relied upon weren't
- 1:38really founded in enough scientific evidence.
- 1:42And what the judge almost was saying is that we would need to
- 1:45conduct studies based upon specific products, so specific
- 1:50types of baby foods that then would cause these babies to
- 1:54suffer from autism or ADHD, which is a really tough burden
- 1:59for us to prove because those type of studies have never been
- 2:03done. And then also kind of going
- 2:05forward, it's going to be hard maybe in other consumer cases
- 2:08where a specific study wasn't done establishing or looking at
- 2:13an injury related to a product. How could we then move forward
- 2:17with that case? So we lost towards the end of
- 2:192025 in the state court proceedings in California.
- 2:24We we've lost here now in the MDL proceedings, so a huge set
- 2:29back over on the litigation. The order only applies to the
- 2:33couple 100 cases that were pending.
- 2:36But we're going to have to regroup and reorganize to come
- 2:39forward with another strategy. It could be going into different
- 2:42state court plays that have different maybe expert standards
- 2:46or adopting some of the suggestions the MDL judge had
- 2:51coming forward with our new experts.
- 2:53But we'll see how it plays out. Expect to hear an appeal, but
- 2:57this litigation doesn't look like it's going to be picking up
- 3:00anytime soon in the next couple months.
- 3:02That's not great news. So there's one lone survivor
- 3:05expert that's left. How many got disqualified, you
- 3:07know? I believe it was four other
- 3:09experts. So they're different type of
- 3:12experts came in, but the epidemiologist is really what we
- 3:16needed and that got excluded. Now we want to hear.
- 3:19So hopefully we'll have some more updates, some positive
- 3:21updates throughout the rest of 2026.
- 3:23Moving on to the social media addiction trial, so it's week
- 3:26four of the trial, trial also week four of the trial of the
- 3:29year and things are heating up. When should we expect this case
- 3:32to wrap up? Yeah, we're, we're four weeks
- 3:34into the trial. The judge initially said that
- 3:37the court wanted the case to be wrapped up within a month.
- 3:40So we're expecting to hear closing arguments either at the
- 3:44end of this week or the beginning of next week.
- 3:47We really heard from all of the key players in this case.
- 3:50We gave you updates on Mark Zuckerberg testifying.
- 3:53We heard from the plaintiff. We heard from the plaintiff's
- 3:56therapist and now we really get a good understanding of the
- 4:00defendant's theory. So basically they're saying,
- 4:03right, that the mother of the plaintiff kind of encourage or
- 4:07cause some of these body issues or mental health issues that the
- 4:12plaintiff suffer from, really encouraging her to look a
- 4:15certain way where the plaintiffs are coming back and saying, no,
- 4:19it was actually these social media platforms.
- 4:22I think it came out that the plaintiff in this case started
- 4:25using Instagram and YouTube at six years old and was already
- 4:29posting pictures about her weight.
- 4:31Again, she's a very small woman at the age of 8 or 9 asking for
- 4:36input on that. So the theory from the
- 4:39defendants is blame the parents, they weren't there, they caused
- 4:43the issue. And what we've been saying on
- 4:45the plaintiff side is that these platforms can cause addiction.
- 4:48They cause the harm. We're acknowledging maybe the
- 4:51plaintiff's family life wasn't perfect, nobody's is, but that's
- 4:56what didn't cause the addiction. So we'll hear this trial wrap up
- 5:00this week, probably have a verdict, I'm thinking midweek
- 5:03next week. That'll be a huge decision to
- 5:06really springboard this litigation going forward.
- 5:09Vacation about 10 days and I hope we have a verdict before I
- 5:12do so. Me too.
- 5:13It's funny, this is one of those trials where my my wife is
- 5:16intently following along and asking me if like insider
- 5:19updates. I'm like, I don't have that much
- 5:20inside scoop. I have some but I can't tell you
- 5:22what's about to happen. No, everybody's definitely
- 5:25interested in it. It's more than just the mass
- 5:27tort people. This is definitely a mainstream
- 5:30issue and it will be followed by all the major networks as this
- 5:33verdict comes down all. Right, moving on.
- 5:36A key PFAS and a triple F CMO. So a key CMO was entered by the
- 5:40court on February 25th. What did this order require and
- 5:44what does everyone need to know to do now?
- 5:46Yeah, this was a good order that came down, but basically it's
- 5:49setting certain requirements 14 days from that February 25th
- 5:54order to get the fax sheets uploaded, to get the medical
- 5:57records uploaded, different types of proof of injuries, any
- 6:01proof of exposure. So if you remember, in the fall
- 6:05of last year, we were able to submit joint complaints with up
- 6:08to 99 plaintiffs and each complaint.
- 6:11Everybody kind of filed their cases before the deadline.
- 6:14That triggered A requirement to submit the fact sheet.
- 6:17And now the courts kind of going through the clean out process.
- 6:20So the people who didn't submit the fact sheets and the
- 6:23documents, you have a little bit more time here, but the court
- 6:26indicate they're going to start dismissing these cases outright
- 6:29if you don't get the documents in.
- 6:31So expect to hear sometime in the second quarter we'll get a
- 6:34real hold on the total number of cases and how many fall into
- 6:38each of the specific injuries. That's what the court and the
- 6:41defendants need to resolve these cases.
- 6:44It's a good development, but make sure you check all of your
- 6:46cases. You don't want to get any
- 6:48tripped up and dismissed when you have a viable case out
- 6:51there. Yep, get your cases worked out
- 6:54and get them filed as soon as possible.
- 6:56All right, moving on to the last update we have here.
- 6:58So Depo Provera, one of the fastest growing MDLS of 2026, we
- 7:02saw 1000 case increase bringing us to nearly 3100 filed cases.
- 7:07What are some of the key developments in this growing
- 7:09litigation? Yeah, that was a huge spike in
- 7:11the filings. Like you mentioned, Mark, at the
- 7:13end of January, we only had 2000 cases.
- 7:16Now we're up above 3000 cases. So what we have going on here is
- 7:21that the liability picture keeps getting stronger.
- 7:23We have a case management conference coming up this week.
- 7:27The judge sent the Daubert arguments is going to be at the
- 7:30end of May. That seems like a slam dunk now
- 7:33for the plaintiffs after the warning label got updated like
- 7:36we suggested. So we're racing forward to
- 7:39potentially the first bellwether trial in December of 2026.
- 7:43That will really be that rocket docket we talked about once this
- 7:47MDL was formed. So there's a lot of excitement,
- 7:49a lot of momentum building. I think we're going to see big
- 7:52numbers and filings the next couple months, but this is one
- 7:55that seems to be going in plaintiff's favor so far.
- 7:58Hopefully we can keep the momentum going to the bellwether
- 8:01trial. Interesting to see it.
- 8:03It's funny because this is like a traditional mass tour where we
- 8:05haven't seen a drug on this list that much recently.
- 8:08Yeah, you're right. This, this brings us back to the
- 8:10old school days of the drug and device mass tort.
- 8:13So it's good to see one of those and it just shows we can really
- 8:17work those up and, and you know, the same philosophy applies to
- 8:21those cases as well. Well, Joe, thank you very much
- 8:24for the most important 10 minutes of mass torts.
- 8:25We'll be back again next week with the full squad.