JPML Decisions from Dec. 1 Hearings in New York City

By Christina Grube

Matters Designated with Oral Argument

MDL No. 3050 − IN RE: Chantix (Varenicline) Marketing, Sale Practices and Products Liability Litigation (No. II)

• Case Summary: The drug Chantix (Varenicline) serves as a prescription smoking cessation aid produced by Pfizer. GoodRX describes the drug as “a first choice medication to help you quit smoking” because unlike other quitting medications it does not contain trace amounts of nicotine. Current MDL filing over health effects from nitrosamine contamination.
• The panel ruled to consolidate eight actions to the Southern District of New York under the Honorable Katherine Polk Failla.

MDL No. 3051 − In re: Arc Airbag Inflators Products Liability Litigation

• Case Summary: Car owners filed suit against big-name automotive distributors for using defective airbags produced by ARC Automotive. ARC airbags allegedly fail to protect drivers and passengers because of their use of the propellant ammonium nitrate to inflate the airbags. The ammonium nitrate allegedly causes airbags to explode when triggered, causing metal debris to eject on airbag users and potentially causing the driver and passengers more harm than the actual crash. The NHTSA has investigated reports of defective ARC airbags since 2015 and issued a series of recalls on certain auto models with the airbags. MDL defendants include airbag’s producers, airbag installers, and companies which marketed and sold vehicles with defective airbags. Defendants currently include Ford Motor Company, General Motors, ARC Automotive, Joyson Safety Systems, Porsche Cars North America, Audi of America, Toyoda Gosei North America, FCA US (Chrysler), Hyundai Motor America, Kia America, and BMW of North America.
• Panel ruled to to consolidate six actions to the Northern District of Georgia under the Honorable Eleanor L. Ross.

MDL No. 3052 − In re: Kia Hyundai Vehicle Theft Litigation

• Case Summary: Plaintiffs bring suit against automotive producers Kia and Hyundai for failing to include engine immobilizers in recent models, placing owners at a much greater threat of car theft. Users across TikTok and Youtube discovered the design’s oversight, causing videos on how to hijack Kias and Hyundais with only a USB cable to go viral.
• Panel granted the plaintiff motion for centralization, consolidating 16 actions to the Central District of California under the Honorable James V. Selna.

MDL No. 3053 − In re: Nelnet Servicing, LLC, Customer Data Security Breach Litigation

• Case Summary: Nelnet users bring suit against the loan servicing company for leaking personal information. Unauthorized users received access to personal information of 2.5 million users on July 21st until July 22nd, however Nelnet did not disclose the breach to the Department of Education until August 17th. Nelnet further failed to inform users that their information had been compromised until August 26. Affected users now claim negligence, breach of implied contract, breach of confidence, and invasion of privacy, among other consumer-protection and data-protection statutes.
• Panel denied the plaintiff motion to centralize 17 actions.

MDL No. 3054 − In re: Stivax Marketing and Sales Practices Litigation

• Case Summary: Neurosurgical Care LLC and the United States of America bring suit against the medical device company Biegler GmbH for falsely advertising their electro-acupuncture device, Stivax, as eligible for Medicare reimbursement.
• The panel denied the plaintiff request to consolidate 3 actions.

Matters without Oral Argument

MDL No. 2433 − In re: E. I. Du Pont de Nemours and Company C−8 Personal Injury Litigation

• Panel denied a defendant’s opposition to transfer, consolidating 1 action to the Ohio based MDL under the Honorable Edmund A. Sargus, Jr.

MDL No. 2846 − In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

• Panel denied the plaintiff (Robert D. Blaurock) and defendants (Brandon Cunningham, M.D.; Alaina Dresslar, P.A.; and Centurion of Kansas, LLC) opposition to transfer, consolidating 1 action to the Ohio based MDL under the Honorable Edmund A. Sargus, Jr.

MDL No. 2873 − In re: Aqueous Film−Forming Foam Products Liability Litigation

• Panel denied on defendant’s (The United States of America) request to transfer one action to the South Carolina based MDL.
• Panel approved a defendant’s request to transfer one action to the  South Carolina based MDL under the Honorable Richard M. Gergel.
• Panal approved two separate requests to vacate a conditional transfer order regarding two separate actions.

MDL No. 2921 − In re: Allergan Biocell Textured Breast Implant Products Liability Litigation

• Panel denied the plaintiff’s request opposing transfer, moving one action into the New Jersey based MDL under the Honorable Brian R Martinotti.

MDL No. 2924 − IN RE: Zantac (Ranitidine) Products Liability Litigation

• Panel denied plaintiff request to vacate conditional transfer order, moving one action to the Florida based MDL under the Honorable Robin L. Rosenberg.

MDL No. 2936 − In re: Smithy’s/CAM2 303 Tractor Hydraulic Fluid Marketing, Sales Practices and Products Liability Litigation

• Panel denied a request by the plaintiff Nationwide Agribusiness Insurance Company to remand their action to its previous location in the Eastern District of Louisiana.

MDL No. 2949 − In re: Profemur Hip Implant Producs Liability Litigation

• Panel denied a plaintiff request to vacate a conditional transfer into MDL 2949. Her action now remains within the Arkansas based MDL under the Honorable Kristine G. Baker.

MDL No. 2973 − In re: Elmiron (Pentosan Polysulfate Sodium) Products Liability Litigation

• Panel denied plaintiff request to vacate a conditional transfer order in MDL No. 2973. The plaintiff action now remains within the New Jersey based MDL under the  Honorable Brian R. Martinotti.

MDL No. 3014 − In re: Philips Recalled CPAP, Bi−Level PAP, and Mechanical Ventilator Products Liability Litigation

• Panel denied two plaintiff requests to vacate conditional transfer of their actions into MDL 3014. The two actions now remain within the Pennsylvania based MDL under the Honorable Joy Flowers Conti.