In June 2023, the Judicial Panel on Multidistrict Litigation (JPML) released its statistics report on case filing trends for various products liability mass torts. 

This report provides valuable insights into the number of new cases filed, the differences compared to the previous period – here we are comparing the data for the last three months, and the percentage changes for each selected mass tort category. 

In this blog post, we delve into the data to understand the significant trends surrounding some prominent products liability mass torts.

Paraquat

• Paraquat saw a decline in new cases filed in the month of June  2023 with a total number of cases being 4083.
•  Only 353 new cases were filed as opposed to May which had 732  and 221 cases in April. 
•  Paraquat cases have been added to the MDL since the start of the year, an average of 289 per month. The first Paraquat trial is set for October 2023.

RoundUp

• In the month of June, Roundup witnessed a total of 4,193 cases, resulting in a total of only 17 new cases filed compared to the 33 cases filed in the previous month and 20 in April. 
• As of June 15, 2023, the number of ongoing Roundup lawsuits in the federal multidistrict litigation in California increased to 4,193, up from 4,176 in May 2023. 
• Roundup lawyers continue to accept claims for potential trial or settlement negotiations.

Hair Straightener

• As of June 2023, the hair straighteners witnessed a total of 149 new cases. 
• This number represents a decrease from the 57 new cases filed in both May and April, with only 25 new cases filed in June.
• The Hair Relaxer MDL appears to be progressing efficiently, as a direct filing order has already been established. This particular MDL has the potential to become one of the most rapidly expanding ones in 2023 and 2024. After the selection of bellwether cases, a significant influx of cases is anticipated to be filed.

AFFF

• In June, the number of filed cases related to Aqueous Film-Forming Foam (AFFF) experienced a decline.
•  Resulting in a total of 4,793 cases (with only 299 cases filed in June), compared to 4,494 cases (with 436 cases) in May and 4,173 cases (with 115 cases) in April.
• Since the beginning of the year, a total of 1,454 new AFFF cases have been incorporated into the MDL. 
• Currently, it remains challenging to determine the exact proportion of personal injury claims versus cases involving municipal water contamination.

CPAP

• During the past month, the Philips CPAP recall MDL class action received the transfer of 30 new lawsuits, contributing to a total of 548 cases currently in the MDL. 
•  In May 2023, the CPAP mass tort saw the filing of 518 new cases, indicating a difference of 82 cases from the previous period. 
• Since the beginning of the year, a total of 200 new CPAP cases have been added to the MDL.
• While the rise in new CPAP lawsuits is not unexpected, the progress of this docket was relatively slow in June. However, we anticipate a more significant acceleration of activities following the summer period.

The bottom line

In conclusion, the JPML’s June 2023 report reveals significant trends in products liability mass torts. Paraquat, Roundup, Hair Straighteners, AFFF, and CPAP cases display varying filing patterns. Despite fluctuations, the MDLs show potential for growth and future developments.