{"id":6272,"date":"2023-03-01T16:33:23","date_gmt":"2023-03-01T16:33:23","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=6272"},"modified":"2023-06-27T19:39:19","modified_gmt":"2023-06-27T19:39:19","slug":"johnson-johnson-sunscreen-recall-benzene","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/johnson-johnson-sunscreen-recall-benzene\/","title":{"rendered":"Sunscreen Recall Update: Johnson & Johnson Aerosol Sunscreen Marketing, Sales Practices and Products Liability Litigation Order on Motion for Settlement"},"content":{"rendered":"\n\n[et_pb_section fb_built=”1″ _builder_version=”4.16″ global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_row _builder_version=”4.19.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px||||false|false” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||” theme_builder_area=”post_content”][et_pb_text _builder_version=”4.19.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px|25px|0px|25px|true|true” global_colors_info=”{}” theme_builder_area=”post_content”]

AWKO lawyers Bryan Aylstock<\/a> and Jason Richards<\/a> were appointed co-lead counsel by the judge in this MDL. Over 209,000 claims were filed and processed. In rejecting to the single objector\u2019s claim that the settlement could have been better, the court said \u201cthere is no better settlement\u201d than the one achieved here. In a statement to the press, attorney Jason Richards<\/a> said the following:<\/p>[\/et_pb_text][et_pb_text _builder_version=”4.19.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px|25px|0px|25px|true|true” global_colors_info=”{}” theme_builder_area=”post_content”]

\n

We are very pleased with the court\u2019s decision to grant final approval of the settlement. The order was critical of Mr. Frank\u2019s objection, and for good reason. There could be no \u201cbetter settlement\u201d in our view. We were able to get consumers full refunds for benzene contaminated sunscreen products, vouchers for non-contaminated sunscreen products, and injunctive relief which requires the company to adopt new testing protocols for benzene to protect consumers in the future. Mr. Frank\u2019s objection seemed to fit his own personal objectives. Whatever those objectives were, they were his alone. They were not shared by any other lawyers or class members in this litigation, and were rightly rejected by the court. This is a win-win settlement for consumers.<\/p>\n

 <\/p>\n

Jason Richards<\/strong><\/a><\/p>\n

Aylstock, Witkin, Kreis & Overholtz PLLC<\/em><\/p>\n<\/blockquote>[\/et_pb_text][et_pb_text _builder_version=”4.20.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px|25px|0px|25px|true|true” hover_enabled=”0″ global_colors_info=”{}” theme_builder_area=”post_content” sticky_enabled=”0″]

Read the full complaint here.<\/a><\/p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]\n\n","protected":false},"excerpt":{"rendered":"

The 3rd Circuit’s decision would force J&J back into trial courts to battle nearly 40,000 lawsuits alleging the products containing talc cause cancer.<\/p>\n","protected":false},"author":4,"featured_media":8075,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"\n

A verdict has been reached in the first of many cases involving military members getting defective hearing protection.<\/p>\n\n\n\n

\u201cThere (are) 250,000 individual lawsuits filed at this point in the Northern District of Florida,\u201d said Bryan Aylstock from the Aylstock, Witkin, Kreis and Overholtz law firm in Pensacola. They are the firm that is taking the lead in all of these individual suits against 3M, the manufacturer of the Combat Arms version 2 ear plugs that were used by the military from 2002 to 2015.<\/p>\n\n\n\n

The plaintiffs in the cases are military members who have suffered hearing loss. The first of those cases has just ended with a verdict against 3M in federal court.<\/p>\n\n\n\n

\u201cSo, it was three soldiers, all of whom served this country honorably and used these Combat Arms earplugs and suffered hearing damage\" said Aylstock. \"Collectively they received a little bit more than $7.1 million, which is a tremendous verdict. A lot of that was punitive damages, where the jury found by clear and convincing evidence that 3M\u2019s conduct as it relates to these ear plugs was reprehensible and deserved to be punished. And also a message needed to be sent to others, including 3M, who might try to do this in the future, that this is not an acceptable way to conduct your business.\u201d<\/p>\n\n\n\n

This is the first lawsuit in what is called mass-tort litigation, which is different than a class-action suit, where all plaintiffs are represented in one law suit. There are two more already on the docket before Judge Casey Rodgers, Chief U.S. District Judge for the Northern District of Florida in Pensacola.<\/p>\n\n\n\n

\u201cThere\u2019s a panel called The Judicial Panel for Multi-District Litigation, and it determined a couple of years ago that Pensacola was the appropriate forum to conduct all of the pretrial activities for all of the cases of this nature.\u201d<\/p>\n\n\n\n

3M has already settled with the U.S.military for over $9 million, so the mass-tort litigation is only between the company and individual military members, both active duty and veterans. Aylstock fully expects this verdict to be appealed.<\/p>\n\n\n\n

\u201cIt will be appealed, and we feel confident that all of the pretrial rulings that Judge Rodgers made, and the trial rulings were appropriate, and the appellate court will also find that they were appropriate.\u201d<\/p>\n\n\n\n

Since the verdict there have been no talks of settlement with 3M, so the trials and appeals will continue. Aylstock says he doesn\u2019t know how many rulings for the plaintiffs would bring 3M to the settlement table. Said Aylstock, \u201cIt will be as many as it takes.\u201d<\/p>\n\n\n\n

The second trial is set to begin on Monday. <\/p>\n\n\n\n

<\/p>\n\n\n\n

Written By:<\/strong>
Bob Barrett
May 13th, 2021
Source<\/a>



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