Stethoscope with a blurred wooden gavel with gold trim in the background.

August was a busy month for dangerous product litigation as several major lawsuits progressed. From Pfizer working to get out of the growing Depo-Provera lawsuits to a landmark ultra-processed foods case falling short, here are some of the biggest updates from the last month and what they mean for cases going forward.

Depo-Provera Lawsuits

Depo-Provera lawsuits linking the birth control to meningioma tumors are on the rise. More than 800 cases are now grouped together in federal court. That growth is likely to continue, with court records showing nearly 10,000 cases that have yet to be filed.

As expected last month, Pfizer filed its motion for summary judgment for the pilot cases in the MDL based on a preemption argument. Pfizer is essentially claiming that it cannot be blamed for failing to warn its customers of a meningioma risk tied to the Depo shot because the FDA rejected a label update last year that would have included that information.

Plaintiffs’ representatives will file their opposition to the summary judgment motion this month, and oral arguments will follow.

Ultra-Processed Foods Lawsuits

In a major blow to potential ultra-processed foods (UPFs) lawsuits, a judge has dismissed the landmark case for this litigation that was originally filed several months ago.

Judge Mia Roberts Perez said in her dismissal that there were “simply not enough facts” to connect UPFs to the conditions the plaintiff had developed.

Judge Perez also criticized the lawsuit for lacking key information. “When it comes to allegations regarding Plaintiff himself, the complaint [is] woefully deficient,” she said in the dismissal. “Plaintiff does not allege how often he consumed Defendants’ products, in what amounts, or when. Neither does he allege when he ate Defendants’ products in relation to when he received his diagnoses or even began experiencing symptoms.”

It’s unclear what the path forward may look like for future UPF lawsuits following this dismissal.

Ozempic Lawsuits

The judge overseeing the thousands of Ozempic lawsuits filed in federal court issued a significant ruling last month that could impact who qualifies for gastroparesis lawsuits going forward. Now, plaintiffs must have a gastric emptying study to show they developed gastroparesis.

Judge Karen Marston cautioned that the overall impact on the MDL from this ruling may be minimal and could mostly affect those who no longer have gastroparesis. “In truth, this holding will have relatively little effect on the vast majority of the cases in this MDL because most Plaintiffs claim to have permanent/persistent gastroparesis, not temporary, drug-induced gastroparesis,” she said in her memorandum.

Also last month, Eli Lilly, the maker of Mounjaro, filed a motion for GLP-1 vision loss lawsuits to be grouped together in an MDL before the same judge who is overseeing the gastroparesis litigation. There is a petition to group Ozempic vision loss lawsuits together in New Jersey court as well.

AFFF and PFAS Lawsuits

The Aqueous Film-Forming Foam (AFFF) lawsuits continue to grow, with 12,915 active cases this month. That’s an increase of about 850 cases since the start of August involving claims that PFAS in firefighting foam led to serious health issues.

As part of the fallout from Judge Richard Gergel’s discovery that there are potentially thousands of cases that remain unfiled, the bellwether trial that was scheduled for October has been postponed. “The existence of these unfiled claims, many of which may not be vetted, creates challenges for the Court’s continued efficient management of this MDL docket,” Judge Gergel said in his order announcing the change.

Plaintiffs’ representatives have been directed to enter their unfiled cases during a 21-day window. That window will end early this month.

Judge Gergel has also suggested that claims involving firefighter turnout gear PFAS exposure should be filed into the MDL as well.