Notable Developments in Mallinckrodt, CPAP, Valsartan, Southern Baptist Convention, and Camp Lejeune Cases
This column discusses recent developments in pharmaceutical, medical device and contaminant exposure cases.
June 23, 2022 at 12:15 PM
5 minute read
Mallinckrodt bankruptcy goes effective. On June 16, 2022, Mallinckrodt filed its Notice of Occurrence of Effective Date of Fourth Amended Joint Plan of Reorganization. Notice, In re Mallinckrodt PLC, et al., No. 20-12522 (Bankr. D. Del. June 16, 2022). The bankruptcy court had previously confirmed the bankruptcy plan on March 2, 2022. Opioid trusts were established in the bankruptcy plan to resolve all opioid claims. Id. From the effective date forward, the sole recourse of any opioid claimant based upon Mallinckrodt's pre-effective date conduct will be to make a claim to the opioid trusts. Id. The opioids trusts will receive approximately $1.6 billion in structured payments from Mallinckrodt.
The case is In re Mallinckrodt PLC, No. 20-12522 (Bankr. D. Del.). The case is being decided by Bankruptcy Judge John Dorsey.
Philips had knowledge of CPAP safety hazards for years before recall. Internal documents received from Phillips during discovery in the class action lawsuit show that Philips knew about the issues with its sound abatement foam in its CPAP machines for at least three years before it initiated its safety recall. A mechanical engineer at Philips sent an email stating that the sound abatement foam, which contains toxic chemicals, was shedding and causing users to inhale foam particles.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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