Baby Food Brain Injury Lawsuit Looms

 

On April 11, 2024, the Judicial Panel on Multidistrict Litigation (JPML) made a significant decision, consolidating all federally filed lawsuits concerning baby food. This consolidation resulted in the creation of MDL No. 3101, named In re: Baby Food Products Liability Litigation, to be presided over by the Honorable Jacqueline Scott Corley, serving in the Northern District of California. R. Brent Wisner, the managing partner at Wisner Baum, who presented arguments before the JPML in March, released the following statement in response to the establishment of the Baby Food MDL:

“We are excited about the JPML's ruling. We have been assigned a smart and accomplished jurist and we think the Northern District of California is the right venue for this case. The next step is to get this MDL organized and get the new judge up to speed on the two years of litigation we have already done. This mass tort is going to end up being one of the most important litigations in recent history. Baby food must be safe, and these Defendants not only know that some of their products aren't, but they refused to be honest with parents about it. It’s difficult to fathom the scope of brain injury that has been inflicted on babies in this country. This MDL is the first step in taking account of the full scope of that damage and, hopefully, finding some justice for the children whose lives have been forever disadvantaged.”

Representatives for Gerber, Beech-Nut and Campbell, which opposed the creation of an MDL, have yet to comment publicly.

What is MDL

Imagine you have a bunch of people who all have similar legal claims against the same company, like if many people got sick from the same medicine. Instead of each person filing a separate lawsuit all over the country, those cases might be grouped together in one court. That's an MDL, where one judge handles all the pretrial stuff to make things faster and more efficient. After that, each case might go back to its original court for trial, or sometimes they get settled together. It's like a legal shortcut to deal with a bunch of related cases at once.

While there isn't a precise overall percentage for settlements in Multidistrict Litigation (MDL) cases, settlements are quite common in these proceedings. Many MDL cases are resolved through settlement negotiations before they reach trial. The exact percentage varies depending on the specific MDL and the nature of the claims involved. However, it's not uncommon for a significant portion of MDL cases to be resolved through settlements, as they offer both plaintiffs and defendants the opportunity to avoid the uncertainty and expense of a trial.

Bob Fiddaman

Previously on this blog:

Wednesday, January 26, 2022

Baby Foods Contain "Staggering Amounts" of Toxic Heavy Metals, Lawsuit Alleges

Thursday, May 26, 2022

Toxic Baby Food, the Subject of Lawsuit

Thursday, November 03, 2022

Toxic Baby Food Trial Set for 2023

Thursday, February 15, 2024

Baby food makers pursue 9-year-old with autism for $600,000