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Inside this issue: the $670 million NEC formula settlement vs. bellwether verdict, Mass Tort MDL Watch across the docket, the Opioid MDL Rule 15/16 showdown at the Sixth Circuit, a $40 million Bard PowerPort verdict, drone surveillance in PI cases, six fall litigation events, the Paralegal Docket, and more.
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The Personal Injury Wire

A $670M settlement, a $40M PowerPort verdict, and a Sixth Circuit showdown over opioid MDL amendments.

Vol IV · September 2026
01

In the Spotlight

$670 Million Settlement vs. Bellwether Victory: Two Very Different Paths in the NEC Formula Litigation

Abbott Laboratories agreed to a $670 million settlement in August 2026 to resolve roughly 2,000 infant formula claims linked to necrotizing enterocolitis (NEC), a severe intestinal disease in premature infants. Just days later, Mead Johnson took the opposite path - a federal jury in Illinois cleared it of all liability in Inman v. Mead Johnson. Two competing manufacturers, two opposite outcomes, and a clear lesson in how causation evidence and litigation strategy shape mass tort results.

Read the full story →
02

Mass Tort MDL Watch

The Headline Number
J&J Talcum Powder led all gainers with +479 cases to reach 68,914 total - even as its $5.5 billion settlement remains pending.
Depo-Provera
Followed closely with +464 new cases (6,294 total), continuing its historic post-settlement filing surge.
Bard PowerPort
Had its strongest month yet with +170 new cases (3,734 total) - almost certainly driven by heightened attention following the August 18 second bellwether trial.
Roundup
Remains nearly flat at +12 cases as the Supreme Court's preemption ruling in Monsanto v. Durnell continues to suppress new filings.
New Cases - August 2026
Net change in case count by MDL
J&J Talcum +479
Depo-Provera +464
Bard PowerPort +170
GLP-1/Ozempic +80
Paragard IUD +45
Roundup +12
Paraquat 0
Suboxone -5
Bard Hernia Mesh -61
Hair Relaxer -98
Fastest New filings Reduction
Total Active Cases
Cumulative total cases
J&J Talcum 68,914
Depo-Provera 6,294
Paragard IUD 4,156
GLP-1/Ozempic 3,928
Bard PowerPort 3,734
03

Law & Order

Opioid MDL Amendment Fight: Rule 15/16 Showdown at the Sixth Circuit

In the National Prescription Opiate Litigation, Judge Polster allowed roughly 800 plaintiffs to amend their complaints and add pharmacy benefit managers OptumRx and Express Scripts as defendants years after the deadline. The PBMs petitioned the Sixth Circuit for mandamus relief, arguing the court failed to evaluate each amendment individually under Rule 16's “good cause” standard - the same MDL-wide shortcut this circuit already rejected back in 2020.

Read the full analysis →
04

The Deep Dive

Bard PowerPort: $40 Million Verdict Puts Design Defect at the Center of the MDL

A federal jury in the District of Arizona awarded $40 million in compensatory damages in the second bellwether trial of MDL No. 3081 - the first plaintiff win on the PowerPort's design-defect theory. The jury in Divelbliss v. Bard found the catheter's design defective and its warnings inadequate, with evidence showing an alternative material would have cost the company just 47 cents more per device. Both sides now have real data on how juries weigh the core liability theory as thousands of remaining cases move through the docket.

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05

The Tech Brief

The Drone Overhead Might Be Working for You — or Against You

Commercial drones are reshaping PI litigation, capturing aerial evidence - collision scenes, construction sites, sight lines, debris fields - before it disappears. But the same technology cuts both ways, as Manley v. Municipality of Anchorage shows, where six months of drone surveillance was turned against the plaintiff. Whether the footage helps or hurts your case comes down to FAA compliance, proper authentication under Rule 901, and a chain of custody solid enough to survive a Daubert challenge.

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06

Mark Your Calendars

Sep
15-16
The Charleston Place Hotel, Charleston, SC
Oct
1-3
Rancho Bernardo Inn, San Diego, CA
Oct
4-6
The Phoenician Resort, Scottsdale, AZ
Oct
13-15
Bellagio Hotel, Las Vegas, NV
Oct
15
New York City Bar Association, New York, NY
07

The Paralegal Docket

The ABA Rules Every PI Paralegal Should Know — and the Line They Cannot Cross

ABA Model Rules let attorneys delegate substantial casework to paralegals - but not everything. Paralegals cannot establish the attorney-client relationship, set fees, or give a legal opinion to the client. That line gets crossed more often than firms realize: advising a client on a settlement offer, applying comparative-fault law to their specific facts, or valuing a claim are all legal judgments that belong with the attorney - or, on settlement, the informed client alone.

Read the full guide →
08

From the DNC Desk

The Detail That Moves The Number

A demand letter is only as strong as the records behind it. Incomplete chronologies, missed treatment gaps, and unreviewed billing records do not just slow down a case - they lower the number on the other side's offer. At Draft n Craft, our paralegals review every page. Not summaries. Not shortcuts. Every page - because the detail that changes a settlement is almost never the obvious one. Since 2008, we have supported over 450 law firms with medical record review, chronology building, demand drafting, and discovery support. HIPAA-compliant, platform-integrated, and built exclusively for PI practice.

Don't let bandwidth be the reason good cases get bad outcomes.

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