Monthly Mass Tort Update – May 2025: Major Growth in Depo-Provera & AFFF Lawsuits, Hair Relaxer MDL Hits 10,000+ Cases, and First NEC Bellwether Trial is Here

From Roundup’s legal shielding attempts to steady growth in emerging litigations like Powerport and Ozempic, here’s a full breakdown of where the major multidistrict litigations stand as we head into May.

AFFF
More than 400 new AFFF lawsuits were added to the MDL last month, making it the fifth-largest MDL in the country. The litigation continues to progress along its bellwether tracks.

Depo-Provera
The number of Depo-Provera lawsuits grew significantly over the past month, with the MDL more than doubling in size. There are now 289 active cases. Expect that growth to continue, with the litigation still in its infancy. The next case management conference is set for May 30.

Hair Relaxer
Hair Relaxer lawsuits broke the 10,000 active cases mark this month. It is the fourth-largest active MDL. The MDL judge appointed a special master to assist the court with settlement matters. The special master’s role is to coordinate settlement negotiations or discussions without favoring either side. However, this doesn’t mean that a settlement is imminent, and bellwether trials will likely remain far off.

Hernia Mesh
Regarding Hernia Mesh lawsuits, 24,078 cases are pending in the Bard hernia mesh MDL, a drop of two cases from last month. A settlement was announced in October to resolve the vast majority of these cases. There are now 1,863 cases in the Covidien hernia mesh MDL, an increase of about 150 cases from last month. The bellwether trial remains on track for February 2026.

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NEC Infant Formula
There are 710 active NEC Baby Formula lawsuits in the MDL this month, up from 683 cases last month. This is set to be a key few weeks for the litigation; the first bellwether trial in the MDL is scheduled to begin on Monday. The defendant’s only win in the litigation was thrown out in March, so a win for the plaintiff in the first federal bellwether could be significant.

Paraquat
The number of active Paraquat lawsuits in the MDL sits at 6,036 this month. That’s an increase of about 100 cases from the start of April. We are still awaiting more information on the MDL settlement, its terms and what cases it will cover.

PFAS
Many PFAS lawsuit claims are part of the AFFF MDL, which currently includes 9,342 active cases. While there have been few significant developments in water contamination claims over the last couple of weeks, the EPA did release a new proposal to combat PFAS contamination.

Powerport
There are 1,410 active Powerport lawsuits in the MDL this month, up more than 200 cases from the start of April. The parties continue to progress toward bellwether trials, with each side narrowing down their choices to six options. Only one case overlaps between the plaintiffs’ and defendants’ lists, so there will still be some more haggling over the choices before a group is finalized. We may get some more clarity on next steps after this week’s status conference.

Roundup
This month, 4,432 Roundup lawsuits remain pending in the MDL. That’s a mild uptick of about a dozen cases from last month. There was some notable news last week at the state level, with North Dakota passing a new law that effectively shields Bayer from Roundup lawsuits. Similar bills are pending across multiple states, but they aren’t all having success. Efforts have already failed this year in Oklahoma, Iowa, Mississippi and other states.

Semaglutide (Ozempic)
A total of 1,809 Ozempic lawsuits are pending in the MDL, a steady increase of about 120 cases from this time last month. A hearing was held last week over Novo Nordisk’s motion to dismiss plaintiffs’ master complaint. We’re waiting for the results of that hearing.

Social Media Harm
Lawyers continue to file Social Media Harm lawsuits, bringing the total to 1,787 active cases this month. That’s about 40 new cases from this time last month. The litigation is progressing, but there are no major updates from the last couple of weeks.

Talcum Powder
There are 58,643 active Talcum Powder lawsuits in the MDL this month. It maintains its spot as the largest active MDL. More than 400 new cases were added to the MDL this month, as things got back up and running following the months-long delay in progress while J&J attempted to settle the lawsuits.

Ultra-Processed Foods
UPF lawsuits remain in the early stages. There is no MDL at this time. Oral arguments for one of the UPF cases pending in federal court have been scheduled for August. This could be a big opportunity to learn more about the strength and direction of these cases.

Video Game Addiction Lawsuit
The Video Game Addiction litigation is not consolidated into an MDL. The Judicial Panel on Multidistrict Litigation decided against the consolidation of these cases last year. We did see an update to one video game addiction lawsuit. A judge granted a motion to dismiss filed by Google and Apple after determining that plaintiffs “have not even come close to establishing the proximate cause required for each of the nineteen claims brought against Google and Apple.” Roblox’s motion to dismiss was granted as well.