Steal This Newsletter - July 3, 2026

Mass Torts and Personal Injury, Explained in Plain English

By Michael Stanisci | #MassTortMichael | Week of July 3, 2026

A Note From Me Before We Start

This week's edition is a heavy one for me. We lost Paul Napoli on Tuesday. He was 58 years old [1]. Paul was a giant in this industry, and he was my friend. I want to start there, because the rest of this newsletter, all the cases and numbers and strategy, only matters because of people like him. People who decided that fighting for injured people was worth a career and a life.

Then we get to work. And there is a lot of work this week. A settled hernia mesh case that is quietly opening a second door. A scope maker with a decade of infection problems. A talc fight that took a strange turn. A vaccine case that just ended. And two of the fastest growing abuse litigations in America. As always, remember this is not legal or medical advice.

Let's go.

Remembering Paul Napoli

Paul Napoli, Credit: ABC 7 NY

Paul J. Napoli, founder of Napoli Shkolnik, passed away on Tuesday, June 30, at the age of 58 [1].

If you worked anywhere near mass torts, you knew his name. Paul was co-liaison counsel for more than 11,000 first responders and recovery workers who got sick after 9/11, helping secure settlements valued at more than 900 million dollars [2]. He helped lead the diet drug litigation. He built one of the most recognized plaintiff firms in the country. Most recently, he served as co-lead counsel in the PFAS firefighting foam litigation, one of the largest environmental cases in American history [1].

Here is the part I want you to sit with. In 2014, Paul was diagnosed with leukemia and told he needed a bone marrow transplant to survive [2]. He fought that battle the same way he fought for his clients. Head on. And he kept working. He kept building. He kept showing up for the people who needed him.

Paul was more than a lawyer. He was a devoted husband to Marie, a proud father, a loyal son, and a generous friend. He gave to charities, to cancer research, to 9/11 memorial causes, and to people who never knew his name [2]. He inspired me as a professional. He inspired me more as a person.

Rest easy, my friend. The fight continues because you showed us how.

Fast Facts This Week

• Paul Napoli, co-lead counsel in the PFAS foam litigation and a leader of the 9/11 responder cases, passed away Tuesday at 58 [1].

• Merck agreed in June to settle more than 200 Gardasil cases for more than 50 million dollars, ending nearly all of that litigation [3].

• The Uber sexual assault MDL grew to 3,571 cases in June, with the next big trial set for September 14 [4][5].

• The Roblox child exploitation MDL hit 162 cases, up from 85 in January, and the court is moving to appoint a settlement master [6][7].

• J&J asked a federal judge to toss thousands of talc ovarian cancer cases after plaintiff lawyers withdrew two key experts [8].

• Talc was named in 4 out of 10 mesothelioma lawsuits filed in 2025, up from about 1 in 6 in 2021 [9].

• The Bard hernia mesh MDL still holds roughly 23,600 cases as settlement money slowly moves, and new claims keep coming in [10].

Spotlight 1: Olympus Scopes, the Infection Problem That Never Went Away

The story. A duodenoscope is a long, flexible camera that doctors thread down your throat to treat problems in your bile ducts and pancreas. These scopes are expensive, so hospitals clean them and reuse them on patient after patient. The problem is a tiny moving part at the tip called an elevator. It has small crevices that can trap fluid and bacteria, even after a proper cleaning [11].

Hospitals around the world reported outbreaks of drug-resistant "superbug" infections tied to Olympus scopes going back more than a decade. Four patients infected at Virginia Mason in Seattle died [12]. In 2018, Olympus pleaded guilty to failing to report infections to regulators and paid an 85 million dollar fine [11].

Why it matters now. This is not old news. In January 2025, the FDA issued a Class I recall, its most serious category, for an Olympus forceps and irrigation plug tied to 120 injuries and one death. In June 2025, import alerts blocked dozens of Olympus device models made in Japan from entering the US [13]. Then in October 2025, Olympus put out an urgent safety notice admitting that current cleaning protocols were not enough to stop infections, and reported two deaths and five serious injuries since 2024 [11].

Evaluation snapshot.

• Plaintiff Numerosity: Moderate but growing. ERCP is a common procedure, and infections are often blamed on other causes, so many injured patients never connect the dots.

• Defendant Viability: Strong. Olympus is a large global device maker.

• Financial Viability: Strong for claim payment purposes.

• Scientific Viability: Strong. The design flaw is well documented, and Olympus's own 2025 notice helps plaintiffs [11].

• Time to Resolution: Longer. These remain individual cases in state and federal courts with no MDL yet [12].

• Venue of MDL: None yet. It is believed that continued filings could support a future consolidation motion, but that is my read, not a fact.

• Bellwether Results: Not applicable yet. A 2017 jury returned a 6.6 million dollar verdict in the first scope trial [14].

• Daubert and Frye: Favorable. Causation ties to documented outbreaks and cultures.

• State of Litigation: Emerging, second wave.

What to do next. Ask your existing clients and referral partners about ERCP procedures followed by hospitalization for infection or sepsis. The timing link is the key screening question.

Spotlight 2: Hernia Mesh, Round 2 of the Bard Story

The story. In October 2024, Bard and its parent company agreed to a settlement framework covering roughly 38,000 to 40,000 hernia mesh claims across the federal MDL in Ohio and Rhode Island state court. Plaintiff-side reporting puts the total value above 1 billion dollars [15].

Here is where the story gets interesting. The MDL still shows about 23,600 pending cases as of March 2026 [10]. That sounds strange for a settled case. It is not. Settled cases sit on the docket while records get reviewed and payments get processed. Meanwhile, new lawsuits keep getting filed by people with delayed complications and by people who opted out [16].

The money. Reports describe three tracks. About 2,500 dollars for claimants who cannot document a qualifying injury. About 25,000 dollars for documented mild to moderate complications. And 60,000 to more than 100,000 dollars for severe cases with revision surgeries, with a projected average around 65,000 to 70,000 dollars [17]. An Intensive Settlement Process for unresolved claims is set to launch in January 2027 [17].

Round 2 is a documentation game. New Bard filings now require naming an expert for every single case at filing [10]. That raises the bar. Only strong cases with revision surgeries and clean records make sense going forward.

Evaluation snapshot.

• Plaintiff Numerosity: Still meaningful. About 1.5 million hernia repairs happen each year in the US [17].

• Defendant Viability: Strong. Becton Dickinson is a major public company.

• Financial Viability: Proven. The settlement fund exists and is paying.

• Scientific Viability: Established through years of bellwether work.

• Time to Resolution: Slow for new claims. Some may not resolve until after 2031 [10].

• Venue of MDL: MDL 2846, Southern District of Ohio, Judge Edmund Sargus [10].

• Bellwether Results: Mixed historically, including a 4.8 million dollar plaintiff verdict in Stinson [18].

• Daubert and Frye: Settled ground, but new cases carry the per-case expert requirement [10].

• State of Litigation: Settlement administration, plus a selective second wave. Watch the Covidien MDL in Massachusetts too, where the first bellwether was moved to July 2026 [16].

What to do next. Revisit closed intake files. People you turned away in 2022 without a revision surgery may have one now. A revision surgery in the last one to two years can reset the value conversation, though deadlines vary by state.

Spotlight 3: Asbestos and Mesothelioma, the Old Tort With New Fuel

The story. Mesothelioma is a cancer caused by asbestos. That link is settled science [19]. What is changing is where the asbestos comes from. A new report from the consultancy KCIC found that talc exposure was cited in 4 out of 10 mesothelioma lawsuits filed in 2025. In 2021, it was about 1 in 6 [9].

Think about what that means. The classic mesothelioma client was a shipyard worker or pipefitter. The new mesothelioma client may be a mother who used baby powder for 30 years. She has no idea her cancer connects to a product on her bathroom shelf.

Recent results. In April 2026, a New York jury awarded 25 million dollars to a retired construction worker over asbestos floor tiles. In May 2026, a Minnesota jury awarded 10.2 million dollars to a 43-year-old man who used talc-based consumer products, splitting fault among several brands. In December 2025, a Maryland jury returned 1.5 billion dollars in a peritoneal mesothelioma talc case [20].

Evaluation snapshot.

• Plaintiff Numerosity: Steady. Latency runs 20 to 60 years, so new diagnoses tied to old exposures keep coming [21].

• Defendant Viability: Broad. Dozens of solvent industrial defendants plus more than 60 bankruptcy trusts holding an estimated 30 billion dollars [19].

• Financial Viability: Excellent. Trusts plus solvent defendants.

• Scientific Viability: The strongest in all of mass torts.

• Time to Resolution: Fast by mass tort standards. Many cases resolve within 6 to 12 months, and courts expedite for sick plaintiffs [21].

• Venue of MDL: Mostly state courts and trusts. No single controlling MDL for traditional claims.

• Bellwether Results: Not bellwether driven. Verdicts average over 20 million dollars, though fewer than 5 percent of cases reach a jury [21].

• Daubert and Frye: Settled for traditional exposure. Contested in talc, as you will see next.

• State of Litigation: Mature core, expanding edge.

What to do next. Any client with a mesothelioma diagnosis is a case, full stop. Train your intake team to ask about consumer talc use, not just job history.

Spotlight 4: Talc Cosmetics, a Dangerous Month for Plaintiffs

The story. More than 90,000 talc claims have been filed against companies accused of selling asbestos-contaminated talc products, with Johnson and Johnson as the main defendant [22]. The federal ovarian cancer MDL in New Jersey holds about 68,000 of them [23]. J&J has tried bankruptcy three times to cap this litigation. The third attempt, with a roughly 9 billion dollar offer attached, was rejected in April 2025 [23].

The June twist. Plaintiff attorneys in the MDL withdrew two experts who were expected to testify that talc use contributed to ovarian cancer. J&J pounced. The company asked the federal judge to dismiss thousands of cases, arguing that without admissible causation testimony, the scheduled bellwethers and possibly the whole ovarian docket cannot go forward [8]. This is a serious moment. Whether replacement experts can fill the gap will decide the direction of the biggest mass tort in America.

The other side of the coin. The mesothelioma track keeps hitting. On June 16, a Los Angeles jury awarded 32 million dollars to the family of a woman who died of mesothelioma after decades of baby powder use [24]. And in the New Jersey state court proceeding covering about 67,500 cases, a special master issued a 658-page recommendation in February that juries should be allowed to hear expert testimony linking talc to ovarian cancer [8].

One international note. The UK High Court approved a group action over J&J talc, now the largest product liability case in British history [9]. It is believed that a large UK proceeding could surface documents and rulings that US plaintiff teams will study closely.

Evaluation snapshot.

• Plaintiff Numerosity: Massive. 90,000 plus claims [22].

• Defendant Viability: J&J is one of the strongest defendants on earth.

• Financial Viability: Not in question. The question is willingness, not ability.

• Scientific Viability: Split. Mesothelioma claims are strong. Ovarian causation is under real attack right now [8].

• Time to Resolution: Long. Years, not months, unless the expert fight forces a global deal.

• Venue of MDL: MDL 2738, District of New Jersey, Judge Michael Shipp [23].

• Bellwether Results: Mixed since the bankruptcy pause ended. One 250,000 dollar plaintiff verdict, one 40 million dollar verdict, and defense wins in between [8][25].

• Daubert and Frye: The whole ballgame this summer.

• State of Litigation: Litigation phase, at a crossroads.

What to do next. Keep signing mesothelioma talc cases with confidence. For ovarian cases, be honest with clients about the expert fight and screen for strong, well-documented use histories.

Spotlight 5: Gardasil, a Case Study in How Litigation Ends

The story. In June, Merck agreed to settle more than 200 Gardasil HPV vaccine cases for more than 50 million dollars, resolving nearly all of the litigation without admitting liability [3]. The deal also covered a closely watched California case that was headed to trial.

Why did a litigation with more than 200 filed cases end this way? Because the plaintiffs kept losing on procedure. In March 2025, the MDL court granted summary judgment for Merck, finding that federal law preempted the failure to warn claims. Key plaintiff experts were excluded. And in September 2025, the Fourth Circuit affirmed the dismissal of cases filed after the Vaccine Act's three-year window [26].

The lesson for your firm. Vaccine cases carry two walls that most torts do not: federal preemption and the Vaccine Court exhaustion requirement. When you evaluate any vaccine-related opportunity, those two issues come before numerosity, before case value, before everything. Gardasil is now the textbook example. This is why I keep saying that legal viability is the first metric, not the last.

Spotlight 6: Rideshare Sexual Assault, the Numbers Keep Climbing

The story. Survivors across the country allege that Uber drivers assaulted them and that Uber failed to screen drivers and act on complaints. The federal cases are consolidated as MDL 3084 in the Northern District of California before Judge Charles Breyer. As of June 2026, the MDL holds 3,571 cases, up 134 in a single month [4][5]. Hundreds more sit in California state court, and Lyft faces its own coordinated proceeding there [27].

The trials so far. The first federal bellwether ended in February with an 8.5 million dollar verdict for a woman assaulted in Tempe, Arizona. The jury found Uber liable through an apparent agency theory [28]. The second trial, a case Uber itself selected, ended in April with a 5,000 dollar verdict. Small number, but the jury still found liability in a case Uber thought it could win [28]. The third federal bellwether starts September 14 and involves allegations that Uber rehired a driver despite an outstanding arrest warrant before he allegedly raped a passenger [5].

There are also reports of roughly 400 individual settlements so far, with Uber depositing settlement funds in March for an unspecified group of cases [4]. That was not a global deal, but it tells you which way the wind is blowing.

Evaluation snapshot.

• Plaintiff Numerosity: High and still growing month over month [4].

• Defendant Viability: Uber is a large, profitable public company.

• Financial Viability: Strong.

• Scientific Viability: Not a science case. Liability turns on agency, common carrier status, and what Uber knew.

• Time to Resolution: Medium. Bellwethers are moving fast for an MDL this size.

• Venue of MDL: MDL 3084, Northern District of California [4].

• Bellwether Results: Two plaintiff verdicts, 8.5 million and 5,000 dollars [28].

• Daubert and Frye: Limited role.

• State of Litigation: Litigation phase, edging toward settlement territory.

What to do next. These cases require trauma-informed intake. If your firm handles them, invest in training. If it does not, build a referral relationship with a firm that does. A ride receipt is the anchor piece of evidence, so ask for it early.

Spotlight 7: Roblox, the Fastest Moving Abuse Litigation in the Country

The story. Roblox is a gaming platform used by tens of millions of children. Families allege that predators used the platform to contact kids, often posing as minors themselves, and then moved conversations to text, Snapchat, or Discord, where exploitation escalated [6][29]. The lawsuits say Roblox marketed itself as safe for children while failing to build real protections.

In December 2025, the federal cases were consolidated as MDL 3166 in the Northern District of California before Chief Judge Richard Seeborg [30]. The docket has grown from 85 cases in January to 162 in June [6][29]. California state cases were consolidated in Los Angeles County in April [31].

The pressure is coming from every direction. Seven states have sued Roblox, including Texas, Florida, and Tennessee [6]. Nevada settled with the company for 12 million dollars, part of roughly 35.8 million dollars in state settlements so far [6][7]. Judge Seeborg has signaled his intent to appoint former Associate Attorney General Thomas Perrelli as a settlement master to explore whether resolution is possible [29]. To be clear, no private settlement exists, and at least one firm involved in the docket has publicly disputed claims that negotiations are underway [31]. Treat any settlement talk you hear as unverified.

Roblox, for its part, announced age-based account tiers for younger users with restricted communication features [6].

Evaluation snapshot.

• Plaintiff Numerosity: Potentially very large. The platform reports over 150 million daily users, many of them children [6].

• Defendant Viability: Roblox is a public company with real resources.

• Financial Viability: Adequate, though a truly massive docket could test it.

• Scientific Viability: Not a science case. Liability turns on platform design, knowledge, and warnings. Section 230 defenses will be fought hard.

• Time to Resolution: Uncertain. Early MDL, but the settlement master signal suggests the court wants speed, partly because the plaintiffs are children and delay compounds harm [29].

• Venue of MDL: MDL 3166, Northern District of California [30].

• Bellwether Results: None yet.

• Daubert and Frye: Limited role.

• State of Litigation: Emerging phase, growing fast.

What to do next. These are among the most sensitive cases in all of mass torts. If a family contacts your firm, the first duty is care, not paperwork. Vet co-counsel carefully. And be cautious about any lead vendor claiming inside settlement knowledge, because right now that claim does not hold up [31].

Practical Outreach Angles This Week

• Past medical device clients are future clients. Your closed hernia mesh files may contain new Bard claims if a revision surgery happened recently. A simple, respectful letter or email to past clients costs almost nothing.

• ERCP is the Olympus screening key. Add one question to your intake scripts: did you have a scope procedure before your infection or sepsis?

• Mesothelioma intake needs a talc question now. Four in ten new filings cite talc [9]. If your intake only asks about job sites, you are missing cases.

• Referral relationships beat solo heroics in abuse cases. Rideshare and Roblox cases demand specialized handling. Partner with firms that have leadership positions and trauma-informed teams.

• Watch the talc expert fight before spending on ovarian acquisition. The J&J dismissal motion is a live risk factor [8]. Spend where the science is settled until it resolves.

From Michael

This newsletter is for you to take bits and send to your clients.

One of the best ways to start getting involved in mass torts or drum up more business for yourself is to rekindle relationships with people who trusted you already. You can help those individuals and loved ones again by extending a helping hand. Let them know that you're here to help and you're taking these cases on. If you need help finding co-counsel, I can connect you absolutely no strings attached.

There's a core principle here to learn in mass torts. Do your own homework. Do not chase a case because a big firm is chasing it. Do not skip a case because it looks hard. Look at the numbers, look at the science, look at the law, and make your own call.

Paul Napoli did his homework for over 30 years, and he did it for people who had nowhere else to turn. That is the standard. This week, honor it by being a little more careful, a little more curious, and a lot more human with the clients who trust you.

See you next week.

Contact Michael Stanisci, MassTortMichael

• If you may have been harmed by any of the products or situations in this newsletter, I can help connect you with the right law firm. There is no cost to reach out.

• If you are an attorney, I consult end to end. Operations, meaningful technology for your stack, and claimant acquisition that actually converts.

• Reach me: michael@masstortmichael.com | 908-548-5378 | https://www.masstortmichael.com/

• Find me on LinkedIn, X, Instagram, Facebook, YouTube, Threads, and TikTok as @MassTortMichael / @michaeljstanisci.

This newsletter is general information, not legal advice. Every case is different, and deadlines vary by state. Please consult an attorney about your specific situation.

Citations

1. Legal News Feed / Law360, Paul Napoli obituary coverage, July 2026: https://legalnewsfeed.com/2026/07/01/paul-napoli-legal-luminary-in-mass-tort-litigation-dies-at-58/ and https://www.law360.com/articles/2496638/mass-tort-titan-paul-j-napoli-dies

2. NSPR Law / Paul Napoli biography (9/11 litigation, leukemia diagnosis, philanthropy): https://nsprlaw.com/en/attorneys/paul-j-napoli/ and https://www.paulnapoli.com/

3. Insurance Journal via Bloomberg, Merck Gardasil settlement, June 2026: https://www.insurancejournal.com/news/national/2026/06/08/872740.htm

4. Lawsuit Information Center, Uber sexual assault MDL updates: https://www.lawsuit-information-center.com/uber-sex-assault-lawsuit.html

5. TorHoerman Law, Uber MDL September bellwether details: https://www.torhoermanlaw.com/uber-sexual-assault-lawsuit/

6. Consumer Notice, Roblox lawsuit updates: https://www.consumernotice.org/legal/roblox-lawsuit/

7. SuperLawsuits, Roblox MDL and state settlements: https://www.superlawsuits.com/legal-guides/roblox-lawsuit-update-2026

8. Lawsuit Information Center, talc litigation updates (expert withdrawal, Wolfson recommendation, verdicts): https://www.lawsuit-information-center.com/2-billion-verdict-in-missouri-motivates-jj-to-settle-talcum-powder-lawsuits.html

9. Mesothelioma.net news, KCIC talc report, CARD clinic, UK group action: https://mesothelioma.net/mesothelioma-news/

10. Miller & Zois, hernia mesh settlement and MDL case counts: https://www.millerandzois.com/products-liability/hernia-mesh-case-value/

11. Nigh Goldenberg, Olympus scope infection claims (2018 DOJ plea, October 2025 field safety notice): https://nighgoldenberg.com/olympus-duodenoscope-infection-lawsuits/

12. King Law, Olympus scopes litigation overview: https://www.robertkinglawfirm.com/mass-torts/olympus-scopes-lawsuit/

13. TorHoerman Law, Olympus recalls and 2025 FDA import alerts: https://www.torhoermanlaw.com/olympus-scope-lawsuit/

14. Drugwatch, duodenoscope lawsuits and 2017 verdict: https://www.drugwatch.com/duodenoscope/lawsuits/

15. Sokolove Law, Bard settlement background: https://www.sokolovelaw.com/product-liability/medical-devices/hernia-mesh/

16. King Law, hernia mesh settlements and Covidien trial timing: https://www.robertkinglawfirm.com/personal-injury/hernia-mesh-lawsuit/hernia-mesh-settlements/

17. Talli / LlamaLab, Bard settlement structure, tiers, and 2027 Intensive Settlement Process: https://www.talli.ai/blog/cr-bard-hernia-mesh-settlement and https://www.llamalab.ai/blog/bard-hernia-mesh-settlement-medical-records-payout-tiers

18. The Case Metric, Bard settlement guide and Stinson verdict: https://thecasemetric.com/bard-hernia-mesh-settlement-2026-payout-chart-for-revision-surgeries-timeline-and-legal-guide/

19. The Harm Report, mesothelioma litigation overview (trusts, EPA ban, science): https://www.harmreport.com/lawsuits/mesothelioma/

20. Sokolove Law, recent mesothelioma verdicts: https://www.sokolovelaw.com/mesothelioma/legal/mesothelioma-settlement/verdicts/

21. Asbestos.com / The Mesothelioma Center, lawsuit values and timelines: https://www.asbestos.com/mesothelioma-lawyer/lawsuit/

22. Sokolove Law, talcum powder lawsuit updates (claim totals, June 2026 verdict): https://www.sokolovelaw.com/product-liability/talcum-powder/lawsuit-updates/

23. Drugwatch, talc settlements and MDL status: https://www.drugwatch.com/talcum-powder/settlements/

24. Asbestos.com, 32 million dollar talc verdict, June 2026: https://www.asbestos.com/news/2026/06/26/jj-faces-32m-talc-verdict-as-lawsuits-mount/

25. Lawfirm.com, talcum powder litigation updates: https://www.lawfirm.com/product-liability/talcum-powder/lawsuit-updates/

26. The Harm Report, Gardasil litigation history and settlement: https://www.harmreport.com/lawsuits/gardasil/

27. Broughton Partners, rideshare litigation overview including Lyft JCCP: https://www.broughtonpartners.com/updates-on-the-rideshare-assault-litigation/

28. Verus LLC, Uber MDL bellwether verdict summaries: https://verusllc.com/articles/case-management/updates-from-the-consolidated-mdl-the-uber-sexual-assault-litigation/

29. Lawsuit Information Center, Roblox MDL updates and settlement master: https://www.lawsuit-information-center.com/roblox-sex-abuse-lawsuit.html

30. Verus LLC, Roblox MDL formation and leadership appointments: https://verusllc.com/articles/case-management/managing-the-roblox-mdl-what-law-firms-need-to-know-and-how-verus-can-help/

31. FileAbuseLawsuit, Roblox litigation status and California JCCP: https://www.fileabuselawsuit.com/roblox-lawsuit/

Copyright and Sharing

Copyright © 2026 Michael Stanisci, MassTortMichael. You are encouraged to share or adapt this newsletter within your own practice with attribution to MassTortMichael. That is the whole point of the name. Not Legal or Medical Advice.