LOS ANGELES, Aug. 14, 2019 /PRNewswire/ — Legal-Bay LLC, The Pre Settlement Funding Company, announced today that they are now funding a large number of mass tort presettlement cases. The premier lawsuit funding company is currently working with mass tort litigation law firms, generating a renewed focus on hernia mesh, transvaginal mesh, Essure birth control devices, IVC filters, hip replacements, Roundup weed killer, 3M, Abilify, and mesothelioma/asbestos cases.
To apply right now for funding or help with finding a law firm go to: http://lawsuitssettlementfunding.com, or call the company’s toll free hotline at: 877.571.0405
The following is an expanded list of cases Legal-Bay is currently funding:
The two most popular brands of hernia mesh are Johnson & Johnson’s Ethicon Physiomesh and Atrium Medical Corporation’s C-Qur. Both devices are currently being recalled due to numerous patient complications.
Bellwether trials are slated for early 2020 to determine if the synthetic Physiomesh and C-Qur hernia mesh products were allegedly rushed to market before adequate testing could take place, as many of these systems are proving faulty. The devices can shrink, harden, and even migrate, causing chronic pain, superfluous drainage, nausea, and bloating. Some patients have reported bowel perforations and nerve damage, and some have even required additional surgeries.
In 2010, C.R. Bard agreed to pay $184 million, with an average hernia mesh settlement value of $92K. However, with numerous manufacturers and varying injuries, the new cases will most likely take a long time to resolve. It is uncertain if these new cases will ever settle or at what values, but based on past hernia mesh lawsuits, a positive outcome is expected for plaintiffs in these litigations.
Transvaginal mesh is a synthetic netting used to treat uterine prolapse and pelvic floor disorders. Some of these systems have been found to malfunction, causing severe complications. Thousands of women have suffered debilitating pain, bleeding, infection, and emotional distress from their transvaginal mesh implants, and many have since required additional surgeries to remove the harmful devices.
By fall of 2018, more than 45,000 MDL lawsuits had been filed. Johnson & Johnson’s Ethicon unit faces over 20,000 of these lawsuits, while Boston Scientific, Bard, and American Medical make up most of the rest.
Out of the 100,000+ individual lawsuits filed, some plaintiffs have already seen the inside of a courtroom and been awarded multi-million-dollar verdicts. In September 2017, a Philadelphia jury awarded $57.1 million to a woman who suffered chronic pain and incontinence due to erosion of her Ethicon pelvic mesh implant, requiring three surgeries to remove. In March 2018, a couple in Indiana sued Ethicon (a J&J brand), and the jury awarded $10 million in physical damages and $25 million in punitive.
Based on the successful outcome of past cases, future rulings in plaintiffs’ favor are anticipated.
ESSURE BIRTH CONTROL DEVICES
The Essure brand birth control device is put out by Bayer, who is accused of knowingly distributing a faulty product. More than 17,000 plaintiffs have claimed serious pain and suffering from broken devices including device migration and perforated organs. Bayer continues to deny any wrongdoing and stands by the safety of its product, with all intentions of defending itself against the many lawsuits already filed, and the many more sure to come.
In spite of past dismissals, California, Illinois, and Pennsylvania courts are currently selecting bellwether trial cases and setting court dates. The largest number of pending cases is in California, and their courts have compiled the largest collection of documents and information regarding the Essure devices. California and Pennsylvania are looking to try their cases sometime in 2019, while Illinois courts have already set a trial date, albeit not until 2020.
While there are no settlements or jury verdicts in these lawsuits, Legal Bay nevertheless remains committed to assisting plaintiffs with their presettlement cash advance needs.
Top IVC filter manufacturers have recently lost bellwether trials and Legal-Bay believes this could signal a shift toward settling the cases within the upcoming months.
IVC filters are devices which inhibit blood clots in patients, preventing pulmonary embolisms. 80% of the filters sold are put out by C.R. Bard and Cook, and recent litigation shows that many of these devices are proving defective by juries. Plaintiffs claim they are dealing with perforations, shifting after implantation, filter fractures, and general ineffectiveness.
Cook specifically has already lost a major trial when an Indianapolis jury awarded $3 million to a woman who suffered a cardiac injury from her faulty IVC filter. And with mass tort State Court filings in Florida, Pennsylvania, and California, many more bellwether trials are slated to occur.
As of June 2019, there have been over 10,000 IVC filters cases filed nationwide in both State and Federal Courts. However, there have been no settlements to date, and there are no assurances that Bard or Cook will settle their claims or what the settlement values will be.
METAL-ON-METAL HIP REPLACEMENTS
In 2017, a $247 million settlement was awarded to six plaintiffs who experienced numerous problems with their hip-replacement devices. The plaintiffs argued that the manufacturer—DePuy, a Johnson & Johnson brand—rushed the Pinnacle hips to market with insufficient testing. DePuy was found guilty of misleading doctors about the device’s safety, and did not warn patients of the risk of metal poisoning and tissue damage from the metal-on-metal product.
As the developers and marketers of the product, Johnson & Johnson was found negligible in regards to the Pinnacle brand device. The jury awarded a total of $79 million in actual damages and $168 million in punitive damages to a group of six New York residents whose hips had to be surgically removed. The settlement is the third such ruling in recent months, and there are over 9000 more plaintiffs awaiting trial with a record $1 billion+ in active claims against Johnson & Johnson, Smith & Nephew, and Stryker.
Over 13,000 plaintiffs have filed suit against Monsanto (a subsidiary of Bayer) due to alleged toxic exposure to the manufacturer’s Roundup brand weed killer. Complainants claim their cancer was directly caused by exposure to the glyphosate-based product. Four plaintiffs have already had trials against Monsanto. All four were diagnosed with non-Hodgkin’s lymphoma NHL, and all four were victorious.
A shocking $2 billion+ verdict was issued against Monsanto in May of this year. A married couple from California was awarded the exorbitant sum when a jury found that Monsanto had spent years covering up evidence that its weed killer causes cancer.
That verdict came only weeks after a San Francisco jury ruled in favor of a man who developed cancer after using Roundup, costing the manufacturing giant $80 million in damages.
Last year, San Francisco state court jurors ordered Monsanto to pay $289 million in damages to a man diagnosed with a terminal type of non-Hodgkin lymphoma. The judge in that case lowered the amount to $78 million, and the verdict is now on appeal.
With numerous cases still pending, Bayer is considering a global settlement. The overall amount could be anywhere from $2 billion to $10 billion when all is said and done.
MESOTHELIOMA / ASBESTOS
Mesothelioma is caused by asbestos exposure. In most cases, this exposure could have been prevented. When a company or product—such as Johnson & Johnson’s Imerys Talc America brand powder—is found to be the cause of a person’s pain and suffering, then the argument gets taken to the courts.
Recent jury rulings include a March 2016 case when a shipyard worker was awarded $6.5 million when it was determined that he was exposed to asbestos-tainted talcum powder in his father’s barber shop. A November 2016 case found in favor of a California man suffering from mesothelioma, and was awarded $18 million. And an April 2018 ruling awarded a New Jersey man and his wife $117 million when a jury found that use of the toxic powder led to a mesothelioma diagnosis. One of the largest verdicts ever for a mesothelioma case was $250 million, but the patient ultimately ended up settling for less than $50 million.
It’s difficult to calculate how much compensation a patient or family member will receive from a mesothelioma settlement because many variables come into play, but the average asbestos claim payout can be anywhere between $1 million and $1.4 million.
3M Corporation has come under fire recently for their Combat Arms brand earplugs, Version 2 (CAEv2). The Minnesota-based company is being accused of allegedly manufacturing and distributing defective earplugs to the U.S. military. According to the lawsuits, 3M knew about the defect, and had even gone so far as to falsify their testing documents, reporting that their conclusions complied with military standards.
In addition, no instructions were provided for correct usage. The result was that the earplugs didn’t maintain a tight enough seal, thereby allowing dangerous levels of sound to invade the wearer’s ears. Some plaintiffs allege permanent damage to their hearing, and have reported discomfort or pain in the subsequent years since use. Along with hearing loss and tinnitus, the damage has caused a significant loss of balance for some users.
In July, the Justice Department settled a $9.1 million lawsuit with 3M, alleging that the company intentionally defrauded the government for over twelve years.
An MDL was created in early 2019 in the Northern District of Florida, and is still in the very early stages. No bellwether trials have been scheduled yet, and additional cases are still being added to the MDL docket. Based upon the length of time the 3M earplugs were used and the number of reported hearing loss disabilities, it is possible that hundreds of thousands of military personnel may have been affected. If last July’s settlement is to be used as a guide, 3M may be expected to pay out millions of dollars more in restitution.
If you or someone you know is involved in pending or active litigation for the lawsuits mentioned above and is in need of a pre settlement cash advance now, Legal-Bay urges you to reach out at the company’s website: http://lawsuitssettlementfunding.com or call the company’s toll free hotline at: 877.571.0405
All pending lawsuits will be reviewed on a case by case basis to determine eligibility for pre settlement funding. Legal-Bay is open to reviewing/discussing emerging litigations that have already filed complaints.
Legal-Bay is a leading personal injury pre-settlement advocate, and works directly with many of the top mass tort law firms to provide the best pre-settlement cash advance rates in the industry in as little as 24 – 48 hours. If you do not have an attorney, Legal-Bay can assist you with retaining a top lawyer or law firm that specializes in mass tort cases listed above.
All of Legal-Bay funding programs are risk-free as you only repay the advance if your case is successful. The non-recourse advance is not a lawsuit loan, lawsuit loans, pre settlement loan, or pre-settlement loans.
Please apply online at: http://lawsuitssettlementfunding.com or call the company’s toll free hotline at: 877.571.0405 where agents are standing by. Legal-Bay is also accepting broker submissions for these cases for new brokers in legal funding industry who do not have access to capital for mass tort, personal injury cases, large attorney funding, or commercial litigation of any kind.
Chris Janish, CEO
Email: [email protected]
SOURCE Legal-Bay LLC