Mass Tort Update

mass tort update

Watts Guerra has a history of standing up for those who have been wronged by large corporations. We are never afraid to fight for justice for victims who feel like they do not have a voice because they do not have the power or financial ability to stand up to these bad actors. It is our daily mission to do whatever it takes to ensure our clients are made whole by those that hurt them and are able to begin their road to recovery.

mass tort update

While a very large number of clients place their trust in us to represent them, we treat each and every client as individuals and work up their unique damages fully. Unfortunately, lawsuits are a long process that can be frustrating and can sometimes take years to fully litigate. So we make sure to update our clients every step of the way through calls, text messages, emails, videos, and even townhalls to keep them informed whenever there are updates to their cases. Our attorneys and staff work hard to stay way ahead of deadlines to ensure that we move through the litigation process as quickly as possible. We also make ourselves as available as possible to our clients so that we can answer any question they might have.

“We appreciated Mikal Watts and the law firm because from the very beginning, the very first day, they kept us apprised of everything at every step of the way.” – Arthur, Santa Rosa

Below you will find updates on the torts we are currently litigating. Under each update is an email address that our clients can use to communicate with our team regarding their cases.

3M

3M is defending over 250,000 product liability lawsuits filed by military veterans claiming that they suffered hearing damage because the 3M earplugs they were issued failed to protect them.

Update: The court is picking up the pace on the litigation both in bellwether trials and overall discovery. We have several new orders from the court and deadlines in place regarding the census, authorization, and diagnosis submission. The MDL-C Admin docket is coming to an end, and the Admin docket cases are in the process of being transferred to the MDL Active Docket. We have had a successful first set of bellwether trials, and more trials are set for the upcoming year. We are working on obtaining all census and diagnosis information for all clients, as well as resolving any dual representation issues that may affect further litigation. We need all of this information in house for any client to take place in any possible future settlement. Intake for this tort is closed.

Email Address: 3Mearplugs@guerrallp.com

Archie Creek and French Creek Fires

Both the Archie Creek and French Creek fires started on September 8, 2020, in Douglas County, Oregon. The Archie Creek Fire burned 131,542 acres affecting hundreds of homes and buildings and destroying tens of thousands of acres of valuable commercial timberland. The French Creek fire’s final footprint was estimated at about 500 acres. Lawsuits have been filed against Pacific Power alleging the utility company is at fault for causing the fires.

Update: We are currently taking new clients and obtaining answers to our Plaintiff Fact Sheet and collecting evidence to build clients’ claims to continue to vigorously litigate their cases.

Email Address:

  • Archie Creek: archiecreek@guerrallp.com
  • French Creek: frenchcreek@guerrallp.com

Bobcat Fire

The Bobcat fire started on September 6, 2020, and burned nearly 120,000 acres. It is the second-largest fire on record in Los Angeles County to date. It damaged or destroyed many residences and was fully contained by December 18, 2020.  Southern California Edison is under investigation as the possible cause of the devastating wildfire.

Update: We are currently taking new clients, filing lawsuits, obtaining answers to our Claim Form, and collecting evidence to build clients’ claims.

Email Address: bobcatfire@guerrallp.com

Dicamba

Dicamba is an agricultural tort. It is an herbicide used to kill weeds in fields without damaging the crop. Unfortunately, it did not stay on the crops it was sprayed on. Instead, the herbicide ended up evaporating and drifting to other fields damaging soybean crops that were not Dicamba tolerant.

Update: Intake is closed in Dicamba. The deadline to file a claim was May 28, 2021. The Claims Administrator is currently reviewing all claims. We will keep clients informed of their claim status as the settlement review process continues.

Email Address: dicamba@guerrallp.com

Dixie Fire

The Dixie Fire started on July 13, 2021, after a Douglas fir fell onto a PG&E line in the Feather River Canyon. The fire has burned in the Plumas National Forest, Lassen National Forest, Lassen Volcanic National Park, and in five counties: Butte, Lassen, Plumas, Shasta, and Tehama. The fire is currently 94% contained and has burned over 900,000 acres and destroyed or damaged over 1,200 structures.

Update: We are currently still intaking new clients. Current clients are receiving calls from our team as they obtain critical case information to determine qualifying clients.

Elmiron

Elmiron (pentosan polysulfate sodium) is a prescription drug used to treat bladder pain and discomfort. Unfortunately, a side effect of the drug is that it can cause serious eye damage (e.g., retinal disease, macular disease, pattern dystrophy, retinal pigment epithelial injury, pigmentary maculopathy, or unspecified maculopathy). These diseases are diagnosed by an ophthalmologist or an optometrist.

Update: We are currently taking new clients and are building existing claims for filing/potential future settlement.

Email Address: elmiron@guerrallp.com

Holiday Farm Fire

A 173,000-acre blaze tore through forests and small communities along the McKenzie River killed one person and destroying over 400 homes and buildings. The fire began sometime in the evening on September 7, 2020, and was fully contained at the end of October. The cause of the Holiday Farm Fire is under investigation but speculation points to Pacific Power’s power lines.

Update: We are currently taking new clients obtaining answers to our Claim Form and collecting evidence to build clients’ claims.

Email Address: holidayfarmfire@guerrallp.com

Kincade Fire

The Kincade Fire in Sonoma County, California started on October 23, 2019, and burned a total of 77,758 acres, destroyed 374 structures, and caused four non-life-threatening injuries. After a very meticulous and thorough investigation, CAL FIRE has determined that the Kincade Fire was caused by electrical transmission lines owned and operated by PG&E located northeast of Geyserville.

Update: We are currently taking new clients and obtaining answers to our Claims Form while collecting evidence to build clients’ claims for potential future settlement.

Email Address: kincadefire@guerrallp.com

Paraquat

This Mass Tort involves Parkinsonism-like symptoms including Parkinson’s Disease due to long-term exposure to Paraquat – a well-known and highly used herbicide. Parkinsonism is any condition that causes a combination of the movement abnormalities seen in Parkinson’s disease, such as tremor, slow movement, impaired speech, or muscle stiffness, especially resulting from the loss of dopamine-containing nerve cells (neurons).

Update: We are currently intaking new clients. As statute of limitations are approaching, we are filing cases, working on Plaintiff Questionnaires, and keeping clients posted as the case progresses.

Email Address: paraquat@guerrallp.com

PFA

This Mass Tort centers around Polyfluoroalkyl Substances (PFA’s) which is the chemical abbreviation for contamination found in the water supply in Fairfield, Maine. These Forever chemicals (PFAS) which are comprised of over 4,000 different molecules used in manufacturing most things nonstick and/or waterproof (i.e. Teflon to carpet and McDonalds food wrappers) have been shown to cause illnesses such as cancer, liver damage, decreased fertility, thyroid disease and increased risk of asthma. These contaminants have been dumped by manufacturers across the Country contaminating water supplies and land.

Update: We are currently still intaking new clients. Each week the Head of the Households receives an update via email.

PG&E “North Bay” and Camp Fires

Shortly after filing for Chapter 11 bankruptcy, utility giant, PG&E, announced a $13.5 billion settlement agreement to resolve all claims associated with several Northern California wildfires that killed dozens of people and destroyed thousands of businesses and homes.

Update: Fire victims seeking compensation had until February 2021 to submit a Claims Questionnaire and any supporting evidence to the Fire Victim Trust. The Trust is currently evaluating claims and making settlement payments to all eligible fire survivors. Intake of new clients is closed.

Email Address:

Power Failure

This Mass Tort involves the 2020 Texas Freeze lawsuit against the Electric Reliability Council of Texas (ERCOT), alleging that the nonprofit corporation “utterly failed” to plan for the cold weather despite multiple warnings, leading to the collapse of its electrical network and resulting in widespread blackouts.

Update: We are currently still intaking new clients. Currently, we are working on gathering medical records for all Power injury cases. Updates are sent quarterly to all clients via email or text. As the case progresses, we will advise all clients that are affected.

Email Address: powerfailure@guerrallp.com

Round-Up

This tort centers around glyphosate-based Roundup, a commonly used weed killer, which after long-term exposure causes non-Hodgkin’s lymphoma. Monsanto failed to warn about the carcinogenic dangers of this chemical.

Update: We have a settlement in place and for the last few months we have been working with you on obtaining the necessary Settlement Enrollment Packet. This packet is required to be included as a program participant. We are pleased to advise that we have successfully submitted your Enrollment Form and it is currently under review by the Special Master. Once the Special Master has thoroughly reviewed your Enrollment Form, we will be sure to notify you of the Special Masters decision regarding your eligibility for this settlement and then, if you are determined to be eligible, on the final award amount on your claim. We will also be sure to inform you of any new developments within the settlement program as we proceed further. Intake for this tort is closed.

Email Address: roundupreadymix@guerrallp.com

Slater Fire

The Slater fire began the morning of October 8, 2020, and burned close to 160,000 acres in Northern California and Southern Oregon. Pacific Power is being sued for the ignition of the Slater Fire and for claiming one life and the destruction of over 700 structures.

Update: We are currently taking new clients obtaining answers to our Claim Form and collecting evidence to build clients’ claims.

Email Address: slaterfire@guerrallp.com

Taxotere

This tort involves a Taxotere, used as a chemotherapy drug, which caused permanent hair loss to its users as well as other severe side effects. Most of the patients using this drug were breast cancer survivors.

Update: The litigation is active, and the bellwether trials have been postponed until later this year due to the COVID pandemic. The trials have been reset to start on November 8th, 2021, and is expected to last 11 days. Defense counsel has attempted to avoid the second bellwether trials by filing a motion to dismiss because the prescribing physician, in this case, testified that they would have prescribed Taxotere even after knowing the increased risk of permanent hair loss. However, Judge Milazzo rejected the drug maker’s motion and agreed with Plaintiff’s counsel that ultimately the Plaintiff decides whether to accept the risks of their medications. Intake for this tort is closed.

Email Address: taxotere@guerrallp.com

Woolsey Fire

The Woolsey Fire ignited on November 8, 2018, and was fully contained on January 4, 2019. The fire burned 96,949 acres, destroyed over 1,600 structures in Los Angeles and Ventura Counties, and caused three fatalities and five non-fatal injuries.

Update: To date, Southern California Edison has agreed to pay $2.2 billion to settle insurance companies’ claims. Intake of new clients is closed. We are in the process of mediating and settling these cases for our clients.

Email Address: WoolseyFire@guerrallp.com

Zogg Fire

The Zogg fire started on September 27, 2020, and occurred in Shasta and Tehama counties. The fire was fully contained in October 2020 after burning 56,338 acres and causing damage to over 200 structures and four fatalities. PG&E has been charged with manslaughter after CAL FIRE determined that the Zogg fire was caused by a tree contacting a power line operated by PG&E.

Update: We are currently taking new clients obtaining answers to our Claim Form and collecting evidence to build clients’ claims for potential future settlement.

Email Address: zoggfire@guerrallp.com

 

Watts Guerra is committed to making sure that our clients are informed throughout their cases and updated with any progress. We know that the litigation process takes longer than most people anticipate, but we are doing our best to both expedite your claims and build them out to their maximum potential. Thank you so much from each and every single one of us here at our firm for trusting us to stand up for you against the companies that have hurt you and your families.

 

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