A mass tort lawsuit involves many plaintiffs filing claims against the same defendant for wrongful conduct. These types of lawsuits often arise when a product, medication, or other widespread issue causes widespread harm. As we move through 2024, several major mass tort lawsuits 2024 are poised to see new developments and potentially substantial settlements. Here is an overview of some of the hottest mass tort leads that plaintiff attorneys have their eyes on.
What is a Mass Tort Lawsuit?
Before diving into the current litigation landscape, it helps to understand what mass tort lawsuits entail. A mass tort arises when a defective product, dangerous medication, negligence, or other wrongful conduct similarly impacts a large group of people. While a class action lawsuit consolidates many small individual claims into a single lawsuit, a mass tort combines hundreds or thousands of separate lawsuits alleging the same fundamental grievance against the same defendant or defendants.
Some examples of well-known mass tort litigations include asbestos, defective medical devices like transvaginal mesh, and medications like Zantac linked to cancer. Mass torts often take years to resolve, and settlement amounts can reach billions of dollars depending on the scope of the injuries and the number of claimants involved.
Now, let’s examine which mass tort lawsuits in 2024 could make big headlines and settle for substantial amounts.
Roundup Herbicide Litigation
Right now, one of the most heavily watched mass torts involves Roundup, the popular weedkiller manufactured by Monsanto (now owned by Bayer). Roundup’s active ingredient is glyphosate, a chemical that research links to a higher risk of developing non-Hodgkin’s lymphoma and other cancers. Thousands of plaintiffs allege that Monsanto knew about Roundup’s cancer risks but failed to warn consumers.
The first three Roundup trials ended with multimillion-dollar verdicts against Monsanto in the plaintiffs’ favor. However, Monsanto found some success in later appeals and trials. Monsanto won a trial verdict after arguing that the science is still unsettled on whether glyphosate causes cancer.
After five years of legal battles concerning Monsanto’s widely used herbicide Roundup, the company has secured victories in 10 out of 16 cases. However, a recent landmark verdict has been issued, requiring Monsanto to pay the most significant amount yet: $2.2 billion to a Philadelphia man who attributes his cancer to exposure to the herbicide during his employment as a landscaper.
Scott Tong, host of Here & Now, discusses with Roben Farzad, the presenter of public radio’s “Full Disclosure,” to provide the latest insights on this significant verdict and its implications for the company’s future.
This segment was broadcast on January 30, 2024.
Tens of thousands of additional Roundup lawsuits are still pending across the country. With Monsanto refusing to add a cancer warning label to Roundup, more trials are imminent. Experts predict Roundup settlements could eventually total between $10 to $20 billion. About $11 billion has already been paid against the settlement of 100,000 Roundup lawsuits; still, 30000 cases are pending. The litigation’s trajectory in 2024 will depend on the outcomes of several more bellwether trials.
Camp Lejeune Water Contamination Lawsuits
Another significant mass tort involves drinking water contamination at the Camp Lejeune military base in North Carolina. From 1953 to 1987, water on the base was contaminated with industrial solvents and carcinogens like benzene and PCE. As a result, veterans, family members, and civilian workers had cancer, leukemia, and other serious illnesses.
Lawsuits allege that the federal government and military officials knew about the contamination but failed to take proper action to stop it or warn those exposed. In 2022, President Biden signed the Camp Lejeune Justice Act, allowing victims to file claims against the federal government.
As of February 2024, the North Carolina federal court has seen the filing of nearly 1,500 lawsuits related to Camp Lejeune. Additionally, over 160,000 administrative claims have been submitted concerning the same matter.
Up to this point, the federal government has approved eight settlements concerning Camp Lejeune, with a cumulative payout reaching $2.5 million.
With potentially hundreds of thousands of individuals harmed over decades, settlements from these Camp Lejeune lawsuits could reach billions of dollars as cases progress in 2024.
Talcum Powder Ovarian Cancer Lawsuits
One of the largest recent mass tort cases is litigation against Johnson & Johnson over baby powder products. Nearly 50,000 plaintiffs alleged that asbestos-contaminated talc in J&J’s baby powder causes ovarian cancer and mesothelioma when used regularly in the genital area.
J&J has lost several significant jury verdicts over its failure to warn about talc risks. As of February 2024, Johnson & Johnson (J&J) faces a staggering 53,767 pending lawsuits related to talcum powder in multidistrict litigation.
J&J’s subsidiary, LTL Management LLC, filed for bankruptcy in April 2023, seeking Chapter 11 protection; however, a judge denied the request. A previous offer by J&J to settle the talcum powder cases for approximately $9 billion fell through after the bankruptcy denial. There is no discussion about a potential third attempt to file for bankruptcy.
In a separate development, J&J has tentatively agreed to a $700 million settlement with more than 40 U.S. states concerning the marketing of its talcum powder. Although this settlement does not directly impact individual talcum powder lawsuits, it may help prevent future claims asserting that the company was aware of a connection between its talc powder products and cancer.
Paraquat Parkinson’s Lawsuits
One emerging mass tort area to monitor is litigation around the weedkiller paraquat. Studies link paraquat to an increased risk of developing Parkinson’s disease. Lawsuits allege that the use of Syngenta’s paraquat-based Gramoxone and other paraquat products caused plaintiffs to develop Parkinson’s.
Over a dozen trials are scheduled to begin in 2023 and 2024. If plaintiffs can establish a solid link between paraquat exposure and Parkinson’s, it could result in billions in settlements from Syngenta. The results of the first trials will be an essential indicator of how this litigation may progress.
Over 100,000 agricultural workers were exposed to paraquat applying pesticides. The pace of new cases in the Paraquat class action MDL has become cold. After averaging around 250 new cases a month over the last two years, just 26 new cases were added in January and 21 new cases the previous month. There are now 5,077 total cases pending.
Mesothelioma Lawsuits
Mesothelioma is a deadly form of cancer caused by asbestos exposure. People exposed to asbestos on the job, such as construction workers, electricians, and shipyard workers, are at risk of developing mesothelioma decades later. This cancer causes tumors and fluid buildup around the lungs.
Lawsuits by mesothelioma patients against asbestos companies have been ongoing for decades. Defendants include asbestos product manufacturers, premises owners, and employers who failed to protect workers. Due to the severity of the disease, settlement amounts for individual mesothelioma cases often reach millions of dollars.
While mesothelioma litigation has been ongoing since the 1980s, around 2,000-3,000 new cases still arise each year in the U.S. Major sources of continued litigation include secondary asbestos exposure claims and cases against asbestos trusts. Companies like Johnson & Johnson and Colgate-Palmolive face allegations that their talc products were contaminated with asbestos. Bankruptcies by companies like Haliburton have also set up billion-dollar asbestos trusts against which new claims continue.
Unfortunately, mesothelioma incidence is not expected to decline until the 2050s, given the long latency period. Asbestos litigation thus remains a major mass tort area with potentially hundreds of billions still in pending claims. In 2024, trials, settlements, and trust claim payments will continue compensating victims and holding asbestos defendants accountable.
Which MDLs are Done?
3M Earplug Lawsuits
Another mass tort involves defective combat earplugs manufactured by 3M for the U.S. military. Lawsuits allege that 3M’s Combat Arms Earplugs had a faulty design that caused them to loosen in the wearer’s ear over time. This led to hearing loss, tinnitus, and other injuries, particularly among military veterans.
So far, several bellwether trials have resulted in wins for the plaintiffs. Juries found 3M liable for design flaws and failing to warn about earplug risks. Due to 3M’s aggressive legal defense, however, it still faces tens of thousands more individual lawsuits over its earplugs. In August 2023, 3M agreed to pay $6 billion to settle the case.
Boy Scouts Sex Abuse Lawsuits
The Boy Scouts of America has also faced a flood of lawsuits in recent years over alleged sexual abuse of scouts by troop leaders and volunteers. The number of claimants rose into the tens of thousands, prompting the organization to file for bankruptcy in 2020 to manage the claims through a compensation trust.
In 2021, the court approved a settlement that established a $2.6 billion trust to pay alleged abuse victims. The average estimated settlement per individual is around $35,000. The trust opened for claims in late 2022, so 2023 and 2024 will likely bring settlements and closure for many affected. However, some claimants are expected to reject the settlement terms and pursue their claims separately. So, this long-running mass tort may still have more developments ahead.
The Outlook Ahead
Mass tort litigation constantly evolves as new products and drugs enter the marketplace. When large-scale negligence, product defects, or other wrongdoing comes to light, it often spawns court battles. For consumers who suffered harm, however, mass torts represent an avenue for obtaining some justice and compensation.
In addition to the lawsuits discussed, emerging litigation areas like PFAS “forever chemicals,” contaminated baby foods, and Zantac cancer claims bear watching in 2024 and beyond. As science progresses and connects more harms to corporate conduct, victim groups will band together to hold companies accountable through mass torts. Settlements compensate victims and motivate more safety warnings and corporate responsibility. While costly for defendants, mass torts thus serve a crucial function within the United States civil justice system.