Chicago, Illinois — As May approaches, significant developments are unfolding in various high-profile multidistrict litigations (MDLs) in the United States, with the spotlight turning to ongoing legal battles involving products like Roundup, Depo-Provera, and hair relaxers.
The MDL concerning aqueous film-forming foam (AFFF) has seen a notable increase, with over 400 new lawsuits filed last month, propelling it to become the fifth-largest MDL in the nation. Progress remains steady as the litigation follows established bellwether tracks.
Depo-Provera, a birth control injectable, has also gained traction recently, as the number of active lawsuits more than doubled, reaching 289 cases. The litigation is still early in its development, with a crucial case management conference scheduled for May 30.
In another development, the hair relaxer MDL crossed the 10,000 mark, making it the fourth-largest active litigation. The presiding judge appointed a special master to aid in settlement discussions, tasked with facilitating negotiations impartially. Nonetheless, settlement is not anticipated imminently, and bellwether trials may still be some time away.
With regard to hernia mesh lawsuits, the Bard hernia mesh MDL has 24,078 cases pending, a slight drop from the previous month. A settlement deal was established last October, addressing most cases. Meanwhile, the Covidien hernia mesh MDL now consists of 1,863 active cases, showing a growth of roughly 150. Preparations are in place for a bellwether trial, slated for February 2026.
The NEC Baby Formula litigation is heating up, with active lawsuits rising to 710. This represents an increase from 683 cases last month. The first bellwether trial in this MDL is set to commence soon, following the dismissal of the defendant’s sole victory in March, making the upcoming trial potentially landmark.
In the realm of Paraquat, 6,036 lawsuits are active this month, reflecting an increase of about 100 cases since April. Parties await further details regarding an MDL settlement, focusing on its terms and coverage.
Claims related to per- and polyfluoroalkyl substances (PFAS), particularly those linked to AFFF, also remain significant, with a total of 9,342 active cases. Although there have been limited recent developments in water contamination claims, the Environmental Protection Agency (EPA) has introduced a new proposal aimed at addressing PFAS pollution.
The Powerport MDL has grown to 1,410 active lawsuits, with more than 200 new cases added since early April. Progress continues towards bellwether trials, with both sides refining their options for trial cases. A status conference later this week is likely to shed more light on the next steps.
In the ongoing Roundup litigation, 4,432 cases remain active, reflecting a minor increase from last month. Recently, North Dakota enacted a law that protects Bayer from Roundup lawsuits, representing a notable shift in legal dynamics. Similar legislation is under consideration in other states, though efforts have stalled in locales like Oklahoma and Iowa.
Ozempic, the diabetes medication, now faces 1,809 active lawsuits, marking an increase of approximately 120 cases. A recent hearing on a motion to dismiss from the manufacturer, Novo Nordisk, underscores the litigation’s complexity, with outcomes awaited.
Social Media Harm cases continue to surface, totaling 1,787 active lawsuits this month. The litigation remains in development, albeit without major recent updates.
Finally, the talcum powder MDL maintains its status as the largest active litigation, with 58,643 cases currently pending. Over 400 new suits have been filed recently, signaling renewed activity following previous settlement attempts.
Currently, lawsuits concerning ultra-processed foods are in early stages, lacking a formal MDL. However, significant oral arguments for one pending federal case are scheduled for August, providing a potential window into the future trajectory of these claims.
The Video Game Addiction case remains separate from an MDL, having been denied consolidation last year. Recent updates include a judge dismissing a motion brought by Google and Apple after determining that the plaintiffs failed to substantiate their claims.
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