been filed in state courts , including a consolidated proceeding in a California Judicial Council Coordination Proceeding (“ JCCP ”).
Paraquat has been available in the U . S . market since 1964 . It is used to kill weeds and grasses and is designed to withstand rain , but is so potent and dangerous that it has been banned in over 50 countries .
While the herbicide is not banned in the U . S ., it is classified as a Restricted Use Pesticide . Restricted Use denotes that it can only be purchased and used by commercially-licensed professionals , most commonly commercial farmers .
In 2009 , studies began to emerge regarding a potential link between Paraquat and Parkinson ’ s Disease . For instance , in 2011 , the National Institutes of Health published a study that “ positively associates ” exposure to Paraquat with the development of Parkinson ’ s Disease .
In 2017 , the first lawsuit was filed against Syngenta and Growmark alleging Paraquat caused Parkinson ’ s disease . In June of 2021 , the Paraquat litigation gained additional traction with the formation of a MDL , appointment of a leadership committee and special master , and establishment of a common benefit fee and expense fund .
Additionally , it has been reported that one group of cases in the California JCCP settled in June of 2021 .
The discovery process in the MDL is set to end in March of 2022 . The first bellwether trials are targeted for November 2022 , setting the stage for a busy and active upcoming year for the Paraquat litigation .
5 ) CPAP
This litigation is in the early stages but is moving quickly with the establishment of an MDL in the fourth quarter of 2021 .
On October 8 , 2021 , the JPML consolidated several federal suits against Dutch sleep apnea therapy machine manufacturers Koninklijke Philips N . V ., Philips North America LLC and Philips RS North America LLC ( collectively , “ Philips ”), alleging that through the degradation of a noise-abating insulation foam used in the majority of Philips ’ defective sleep products , users were exposed to toxic chemicals . U . S . District Judge Joy Flowers Conti in the Western District of Pennsylvania oversees In re : Philips Recalled CPAP , Bi-Level PAP , and Mechanical
Ventilator Products Liability Litigation , MDL No . 3014 . Philips manufactures , sells and markets a wide variety of products to help treat breathing deficiencies . However , on June 14 , 2021 , the defendant issued a massive recall of between three and four million defective breathing machines after it was discovered that the PE-PUR foam insulation used on the majority of Philips products has the potential to degrade and become toxic .
The plaintiffs in the action allege that the degraded foam can cause low-level health problems such as skin irritation , as well as life-threatening illnesses , such as cancer and serious lung problems . They further contend that while the recall advises patients to discontinue use of the products , many sleep apnea patients rely on a Philips device to sleep safely . The plaintiffs argue that patients are now faced with the choices of risking of a life-threatening event due to their sleep apnea , toxic exposure through continued use of the device , or alternatively , purchasing an expensive new Philips DreamStation 2 CPAP machine that does not contain PE-PUR foam .
The MDL is venued in Pittsburgh , Pennsylvania , as a result of its proximity to the factory where the recalled machines were primarily built . Accordingly , the JPML ’ s order states that , “ many of the witnesses and much of the documentary evidence relevant to this litigation likely will be located within the Western District of Pennsylvania .”
According to the Order , the causes of action are putative consumer class actions asserting overlapping claims for violations of state consumer protection statutes , breach of warranties and unjust enrichment . Nearly 100 cases from across the country have been transferred to the Western District .
Following the October consolidation , the first status conference was in mid-December 2021 . Applications and interviews for the Plaintiff Steering Committee took place in January 2022 .
As we forge ahead into 2022 , continue to keep an eye on these litigations as many are poised to begin trials or continue to see progress .
* This article reflects the status of included litigations as of February 2022 . Updates may have occurred between then and the publish date .
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