What’s New in Dangerous Product Lawsuits Heading into June 2025
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From reports of a new Roundup lawsuit settlement to a surprising summary judgment verdict in a baby formula trial, here’s what’s new in major dangerous product lawsuits.
Roundup Lawsuits
May was a very busy month for Roundup lawsuits, with several big updates that could impact those who have brought lawsuits involving the weed killer.
Georgia became the second state to passed a law shielding Bayer from Roundup lawsuits, following North Dakota’s lead from last month. The law doesn’t take effect until next year, but it does undercut the types of claims that are central to Roundup lawsuits.
Residents of Georgia may have difficulty filing a case going forward.
In other major news, Bayer is also reportedly considering a new Roundup settlement that could cover thousands of cases pending in Missouri state court. The company has already agreed to billions in settlements as it tries to get past these lawsuits.
If that new settlement doesn’t work out, the company may consider moving Monsanto into bankruptcy. Since Monsanto was the maker of Roundup and is usually named as the defendant, this move could pause the ongoing litigation and lead to these claims being resolved and settled through the bankruptcy process.
Also this month, Bayer lost out on a pair of appeals of Roundup verdicts from 2023. Those verdicts of $611 million and $175 million will stand.
Baby Formula Lawsuits
In a major blow to plaintiffs, the judge overseeing the NEC Baby Formula lawsuits granted summary judgment to Abbott Laboratories in the first bellwether case. This is a legal procedure where the judge can grant a win to one side without holding a trial.
Judge Rebecca Pallmeyer said that the lawsuit in question failed to show Abbott’s alleged failure to warn of an NEC risk tied to its product.
This included a deposition from the physician who had treated the infant in the case, implying that an NEC warning would not have changed their decision to feed formula to the infant.
The next bellwether trial for the baby formula lawsuits is scheduled for Aug. 11. There are currently 740 active cases.
AFFF Lawsuits
AFFF lawsuits continue to rise at a dramatic pace. This month, the number of active cases in the MDL grew by more than 1,000, capping out at more than 10,000 lawsuits.
The bellwether trial process for these firefighting foam cases process continues to progress as well. Those trials serve as test cases that help give both sides a sense of how the litigation will play out.
This month, the judge overseeing the MDL determined that the first bellwether trial would focus on kidney cancer. Plaintiffs’ representatives had been lobbying for a trial that grouped multiple kidney and testicular cancer cases, but the judge felt this could overcomplicate things and run the risk of confusing a jury.
We don’t know yet whether that trial will include multiple kidney cancer claims, as plaintiffs prefer, or focus on just one case. That trial is scheduled for Oct. 20.
PowerPort Lawsuits
There are 1,500 active Bard PowerPort lawsuits in the MDL this month, up nearly 100 cases from the start of May.
Last month, the judge overseeing the PowerPort litigation selected the six cases that will serve as bellwether trials. Judge David Campbell had been pushing from a group of cases that are representative of the overall litigation. Included are three infection cases, two thrombus cases and a fracture case.
A conference is set for today where parties are set to discuss the order in which these trials will take place.
Paraquat Lawsuits
The big news among paraquat lawsuits over the last couple months has been the pending settlement agreement between parties that could resolve many of these lawsuits.
We are still waiting to hear more about the final terms of the tentative settlement for cases in the MDL. Early last month, the judge overseeing these consolidated cases paused discovery deadlines to allow both sides to “focus on finalizing the terms of their agreement.”
An update on the settlement is due by June 11.