Defective Products Legal News Articles & Interviews

New York, NY In late January, Thinx, Inc. announced that it had reached a $5 million settlement agreement to end Dickens v. Thinx, Inc., a class action perfluoroalkyl and polyfluoroalkyl (PFAS/PFOA) lawsuit. Thinx will provide up to $5 million to reimburse consumers who bought the company’s signature period underwear between November 12, 2016 and November 28, 2022. To put this in perspective, reimbursements are limited to $7.00 per pair (up to 3 pairs) for consumers who still have receipts and $3.50 per pair (same limit) for those who do not. The initial purchase price of these undies runs up to $35.00 per pair.

Santa Clara, CA 3M’s move to shift liability for military earplug injury lawsuits by placing its Aearo Technologies subsidiary into bankruptcy seems to have backfired. A federal judge has described the move as “bad faith tactics” and an “abuse of the litigation process”.

New York, NY Another CPAP lawsuit has been filed against Philips, this time by a New York man suffering from mouth and tongue cancer and other injuries. This latest lawsuit joins hundreds of other former users of Philips CPAP devices diagnosed with cancer as part of an MDL in the Western District of Pennsylvania.

Santa Clara, CA 3M Company, which manufactures toxic per- and polyfluoroalkyl substances (PFAS) products, has promised to end production of ‘forever chemicals” by 2025. Critics say 3M’s move is related to its more than 3,000 firefighter foam cancer lawsuits, and attorneys anticipate more product liability complaints. Will the company make good its commitment? Will it stop making Scotchgard products?

Houston, TX Gabriel Assaad has filed lawsuits against 3M and Arizant Healthcare (3M acquired Arizant in 2010) on behalf of patients who developed periprosthetic joint infections (PJI) after undergoing joint replacement surgery where a Bair Hugger warming blanket was used. If you had a knee or hip replacement surgery, suffered an infection and required additional surgery on your implant, you may be entitled to compensation.

Richmond, VA On December 6, asbestos mesothelioma claimants asked a Fourth Circuit panel for permission to pursue their claims against Georgia-Pacific, the corporate parent of Bestwall LLC, which has filed for Chapter11 bankruptcy protection. The fundamental question in Bestwall LLC et al. v. Official Committee of Asbestos Claimants is whether the complicated corporate restructuring that preceded Bestwall’s bankruptcy was done in good faith, or whether it was a ruse designed to shield corporate assets from the claims of workers who were sickened by their exposure to asbestos. There is nearly 100 years of history behind this.

Alameda, CA  On November 10, the state of California filed a perfluoroalkyl and polyfluoroalkyl (PFAS/PFOA) lawsuit in California Superior Court against 3M Co. and more than a dozen other defendants involved in the manufacture and distribution of these toxic “forever chemicals.” California v. 3M Company alleges that these substances, which have been widely used in the manufacture of products from firefighting foam to dental floss, have contaminated soil and water supplies and are now found in the bloodstreams of 98 percent of California’s 39 million people. Even at low concentrations, they have been linked to cancer and a variety of other health problems.

Santa Clara, CA More than a year after Philips Respironics announced its CPAP recall, which led to the U.S. Justice Department investigating possible criminal violations, The New York Times reported that Philips and government attorneys are negotiating a settlement, which would include Philips to implement a plan that would prevent another product failure and recall gone wrong.

Santa Clara, CA A group of veterans have filed a motion to allow hearing loss lawsuits to move forward. They want the stay on all 3M earplug lawsuits lifted, arguing that 3M is responsible for design flaws because they used the company’s earplugs after it acquired Aearo Technologies – which initially developed the Combat Arms Earplugs version 2 (CAEv2) -- in 2008, and before 3M placed its Aearo subsidiary into bankruptcy.

Wilmington, NC On November 4, 2022 North Carolina Attorney General Josh Stein filed four separate per-and polyfluoroalkyl substances (PFAS) and perfluorooctanoic acid (PFOA) state court lawsuits in Mecklenburg, Wayne and Stanly Counties. This is in addition to federal Camp LeJeune toxic tort lawsuits that have been consolidated in the Eastern District North Carolina.