Golden Knights fire Cassidy, name Tortorella head coach The Vegas Golden Knights are making a major change with just eight games to go in the season. The team announced on Sunday that head coach Bruce Cassidy has been fired and is being replaced by John To...

No, it’s not April Fools’ Day…. But it might as well be!

#VegasGoldenKnights #VGK #Torts #Tortorella #Cassidy #WTF

Golden Knights fire Cassidy, name Tortorella head coach www.tsn.ca/nhl/article/...

Golden Knights Fire Bruce Cassidy, Name John Tortorella Head Coach The Vegas Golden Knights fired head coach Bruce Cassidy and named John Tortorella as replacement. Read more at Pro Hockey Rumors.

He's back.
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Golden Knights Fire Bruce Cassidy, Name John Tortorella Head Coach
www.prohockeyrumors.com/2026/03/gold...

Thread on Meta/Google verdict in LA jury trial focused on social media addiction, including negligence and products liability claims. #Torts #SocialMedia

Zurbriggen v. Twin Hill Acquisition

New #Torts case from the Seventh Circuit
What must flight attendants show to sustain a claim that the uniforms that American Airlines required them to wear were toxic? www.audioarguendo.com/listen.php?c...

Video Game Addiction Lawsuit Settlements Video game addiction lawsuits are gaining momentum as families and individuals come forward to seek accountability from gaming companies for the harm caused by gaming addiction. These cases focus on holding video game manufacturers accountable for exploiting vulnerable players, particularly minors and young adults, through intentionally addictive game designs. Gaming addiction has caused significant harm, including mental health struggles, social isolation, and financial strain, as companies prioritize profit over user safety. Our attorneys examine the rise of video game addiction lawsuits and delve into key aspects such as the alleged failure to warn and the intentional design defects that make games like Fortnite, Roblox, Minecraft, and Call of Duty so addictive. While these lawsuits are still in their early stages, we focus on the heart of these cases: the significant injuries sustained by individuals and the potential settlement payouts, as financial compensation is central to resolving these civil claims. Below, we also explore updates on specific lawsuits, recent litigation trends, and eligibility criteria for filing a video game addiction lawsuit. We also look at the potential settlement value of these lawsuits if they play out as our lawyers expect. Call us today at **800-553-8082** or contact us online for a free consultation. We will hold these companies accountable for prioritizing profit over child safety and wellness. ### Related Video Game Addiction Lawsuits * Roblox Video Game Addiction Lawsuit * Fortnite Addiction Lawsuit * Minecraft Addiction Lawsuit * Call of Duty Addiction Lawsuit * Grand Theft Auto Addiction Lawsuit * Video Game Addiction Lawsuit Settlement Amounts ## Video Game Lawsuit Updates The video game addiction litigation is evolving rapidly. What began as a trickle of isolated lawsuits is fast becoming huge national litigation. Families across the country are filing claims against companies like Roblox, Epic Games, Microsoft, and Discord, alleging that their platforms and games are intentionally designed to exploit children’s psychological vulnerabilities. These lawsuits are not just about screen time—they involve allegations of grooming, predatory monetization, addictive game mechanics, and serious mental health harm. New studies continue to pound home the point that compulsive gaming and smartphone use can lead to long-term developmental damage and even suicidal ideation in adolescents. With a growing body of scientific evidence and a wave of new filings, things are happening at warp speed. What seemed far-fetched just a year ago–and we questioned the merits of these cases at first– is now taking shape as one of the most aggressive digital-age mass torts in recent memory. ### New Jersey Video Game Addiction Claim **February 17, 2025:** In a new lawsuit, a family from Burlington County, New Jersey, brought suit on behalf of their 15-year-old child, alleging that Roblox, Epic Games, Microsoft, and Mojang AB designed and marketed video game products that caused the minor to develop a severe and compulsive gaming addiction. The child began playing video games at just three years old and, over time, became heavily engaged with Roblox, Fortnite, and Minecraft, primarily through Microsoft’s Xbox platform. According to the complaint, the companies intentionally incorporated addictive features designed to maximize screen time and microtransaction spending, despite longstanding research linking excessive gaming in minors to brain development impacts and behavioral addiction. The family alleges that as a direct result of prolonged exposure to these products, the child developed a disordered pattern of use characterized by loss of control, compulsive play late into the night, and severe withdrawal symptoms when gaming access was restricted. The minor, who has been diagnosed with attention deficit hyperactivity disorder (ADHD) and anxiety, allegedly experienced worsening symptoms, including social withdrawal, isolation from friends and family, abandonment of sports and extracurricular activities, declining academic performance, and falling asleep in class due to late-night gaming. The complaint further describes aggressive outbursts, excessive and inappropriate language, anger, and even property damage when attempts were made to limit gameplay. That is tough on parents. ### Insurance Battles Are Everywhere in This Litigation **February 17, 2025:** Electronic Arts is facing a lawsuit brought by parents who allege the company intentionally designed its Battlefield games with psychologically addictive features that caused their son to develop gaming addiction and internet gaming disorder. The family claims the child plays 12 to 14 hours a day, spends hundreds of dollars monthly on in-game purchases, and has suffered academic problems, ADHD symptoms, physical pain, obesity, and emotional distress. But instead of focusing solely on defending the addiction claims, EA is now embroiled in a huge fight with its own insurer. National Casualty, a Nationwide unit, filed a declaratory judgment action in Arkansas federal court arguing that it has no duty to defend or indemnify EA because the lawsuit does not allege covered “bodily injury” or “property damage” caused by an accidental occurrence. The insurer also points to policy exclusions for intentional conduct (which we have here), product performance issues, privacy-related claims, and punitive damages. So there are two parallel battles playing out behind the scenes. Video game companies are aggressively fighting plaintiffs who allege that predatory game design harmed children, while simultaneously seeking to shift part of the financial burden to their insurance carriers. Insurers, in turn, are resisting, arguing that addiction claims stem from intentional business decisions and therefore fall outside traditional commercial general liability coverage. In practical terms, companies like EA are trying to secure defense costs and potential settlement or verdict funding from insurers, while insurers are attempting to avoid being pulled into what could become a massive wave of gaming addiction litigation. ### Lawsuit in Nevada **December 17, 2025** Yesterday, the Judicial Panel on Multidistrict Litigation rejected a second attempt to create a federal MDL for video game addiction lawsuits. Plaintiffs had asked to consolidate claims against the companies behind Minecraft, Roblox, and Fortnite, alleging that these games were intentionally designed to foster addiction and led to serious academic, emotional, social, and behavioral harm. The panel declined to centralize the cases, reasoning that the litigation would likely expand to include many additional games and developers, making a single coordinated proceeding unwieldy. Instead, the JPML encouraged coordination among courts where appropriate but left the cases pending in their individual jurisdictions. While some may see the denial of an MDL as a setback, our lawyers think it may ultimately benefit victims. Without being absorbed into a massive federal proceeding that could take years to organize and move toward bellwether trials, individual cases can proceed in state and federal courts across the country. That means juries will begin hearing these stories sooner rather than later, which is how you get to a settlement. So sometimes keeping cases dispersed creates pressure faster than centralization ever could, because companies must defend themselves in multiple courtrooms at once instead of managing the litigation on a single, slower track. ### Lawsuit in Nevada **October 1, 2025:** In a new lawsuit filed last week, a family from Jackson County, Missouri, alleges that their 12-year-old child developed a debilitating addiction to the video games Roblox, Fortnite, and Minecraft, suffering significant emotional, physical, and cognitive harm. The new suit, brought in the U.S. District Court for the District of Nevada, argues that Roblox Corporation, Epic Games, and Microsoft intentionally designed their platforms to be addictive for minors, embedding behavioral reinforcement systems and manipulative in-game economies to maximize time spent in-game and, by extension, revenue. The complaint details how each company implemented psychological mechanisms such as operant conditioning, variable reward schedules, and achievement systems that encourage compulsive use. The developers, the family claims, failed to include adequate warnings or safeguards, despite longstanding research documenting the neurological impacts of excessive gaming on developing brains. These design decisions were not incidental. They were grounded in internal expertise from psychologists and behavioral scientists retained by the companies to refine user engagement. Particular attention is paid to Roblox Corporation, whose platform, now approaching one hundred million daily active users, is positioned not only as a game but as a developmental ecosystem targeted at and shaped by children. Over 45% of Roblox users are under the age of 13. The platform monetizes both user attention and user creativity, encouraging minors to design games for other minors, with monetization tools provided directly by the company. The lawsuit argues this has created a revenue model that relies on deep, sustained engagement from the youngest users. The addiction cases are probably the least of Roblox’s worries in 2025. The company has been named in a growing number of Roblox sexual abuse lawsuits within the social media MDL, which allege systemic failures to prevent or respond to child exploitation on its platform. That parallel litigation underscores what the Missouri family’s complaint complains of: Roblox’s vulnerabilities may not be limited to persuasive design, but may reflect a deeper institutional failure to protect its youngest and most lucrative users. ### Video Game Addiction MDL **September 29, 2025:** Parents are asking the Judicial Panel on Multidistrict Litigation (JPML) to consolidate videogame addiction lawsuits involving Fortnite, Roblox, and Minecraft in the Eastern District of Pennsylvania. The motion argues that these games share the same predatory design features, leading to a common harm: addiction among children and teens. At first glance this might sound like a videogame addiction class action lawsuit. It is not. These cases are being proposed as an MDL, or multidistrict litigation. In an MDL, each plaintiff keeps an individual lawsuit, but pretrial discovery and rulings are coordinated before one judge to avoid duplication and inconsistent decisions. A few bellwether trials may then help gauge how juries respond to the evidence. This really is the better path for victims who can join the group but keep their individual claims and their own damages. Meanwhile, Roblox is also facing a separate MDL petition over child exploitation claims, underscoring the growing scrutiny of platforms marketed to kids. ### New Los Angeles Video Game Addiction Lawsuit **September 4, 2025:** In a new lawsuit filed last week in Los Angeles County Superior Court, a family from Woodland Hills, California, is suing Epic Games and Microsoft over what they describe as the intentional design of addictive video games that caused serious harm to their 12-year-old son. The case centers on Fortnite, Minecraft, and the Xbox platform. According to the complaint, the boy began playing the games at age six and over time developed a compulsive gaming habit marked by withdrawal symptoms, emotional volatility, and academic decline. The lawsuit argues that these outcomes are not accidental. Instead, it claims the companies embedded psychological mechanisms—like reward loops, dynamic pricing, and microtransaction prompts—specifically designed to keep young users engaged for longer and spending more money. The family says both companies failed to include basic safeguards, such as age verification, usage limits, or adequate parental controls, despite knowing the risks to minors. They also accuse the companies of marketing directly to children while misrepresenting the games as safe or even educational. The complaint brings claims for strict liability, negligence, fraud, and unfair competition, and seeks both compensatory and punitive damages. At its core, the suit argues that what these companies sold wasn’t just entertainment, but a highly engineered system that monetized childhood attention and left harm in its wake. ### California Videogame Addiction Litigation Is Still Growing **September 1, 2025:** In California, under JCCP No. 5363, more than 100 video game addiction lawsuits are now coordinated before a single judge in Los Angeles. The court is hearing claims that gaming companies knowingly used behavioral psychology, patented algorithms, and manipulative monetization tools to addict kids and maximize in-game purchases—without meaningful parental controls, age verification, or warnings. ### Fair Question: Is Roblox Getting Worse? **August 11, 2025:** WIRED ran a piece titled _“Is Roblox Getting Worse?”_ detailing how new safety tools, like AI age verification, is not enough. Reports show exploitation cases jumped from 675 in 2019 to over 24,000 by 2024, calling into question whether Roblox’s safeguards can meet the scale of harm. Roblox has rolled out new safety tools like age verification and trusted connections, but experts warn they may not stop predators from exploiting kids. Families across the country are now filing lawsuits alleging the platform enabled grooming and abuse, with attorneys predicting hundreds more cases in the coming year. Despite Roblox’s promises of tighter moderation, reports of exploitation and extremist activity continue to rise, leaving many to question whether the platform can ever truly be safe for children. ### New Roblox Sexual Assault Lawsuit **July 11, 2025:** An Alabama family is suing Roblox and Discord for enabling a chain of events that led to the attempted sexual assault of a 14-year-old girl. The girl’s parents, who filed the complaint, allege that both platforms lacked the safeguards necessary to prevent online grooming and exploitation. The complaint states that the girl interacted with a man on Roblox who initially posed as another teen. Over time, their online exchanges escalated, and the individual began sending her sexually explicit content. The communication later moved to Discord, where the predator allegedly became more graphic in his messages and described in detail what he intended to do to her. In January 2025, the man traveled from another state to Alabama to meet the girl in person. He picked her up near her home under the guise of friendship and brought her to a secondary location, where he attempted to sexually assault her. Police intervened during the attack and arrested him at the scene. Disgustingly, he was reportedly found with his pants undone while the victim was partially undressed and injured. ### New Study Links IGD and Smartphone Overuse to Developmental Harm **June 27, 2025:** A large-scale study has found that 1.2% of children aged 10–14 meet the clinical threshold for Internet Gaming Disorder (IGD), while 2.7% meet sub-clinical levels. An even higher 9.9% of students were flagged for moderate to high smartphone addiction risk. These numbers may be conservative, as some children reportedly entered false information to prevent parents from being alerted. The study, which surveyed nearly 2,000 students, also confirmed that kids with IGD or problematic phone use scored significantly higher on measures of developmental harm, especially in emotional, social, and physical domains. The research strengthens the argument that compulsive gaming and screen use are not just habits. They are impairing children’s health, academics, and behavior. These findings directly support the core allegations in the growing wave of video game addiction lawsuits: that game developers knowingly deploy addictive mechanisms targeting minors, and the consequences are real. Plaintiffs in the litigation are using this kind of data to show that what the industry defends as “entertainment” has tangible, damaging effects, particularly on kids who never stood a chance against billion-dollar behavioral engineering. ### New Study Links Internet Gaming Disorder to Suicidal Ideation **June 15, 2025:** A large-scale cohort study involving over 96,000 Chinese adolescents has found that Internet Gaming Disorder (IGD) significantly predicts the onset, persistence, and worsening of suicidal thoughts. The research underscores the severe mental health risks associated with excessive gaming among youth. ### New Federal Lawsuit Alleges Fortnite and Minecraft Addiction **June 26, 2025:** In a new lawsuit filed yesterday, a Los Angeles family brought claims against Epic Games, Inc. and Microsoft Corporation, alleging that their minor child developed a severe gaming addiction due to the companies’ intentional design of addictive features in games such as Fortnite and Minecraft. Filed in state court in Los Angeles County, this lawsuit will be sent to U.S. District Court for the Central District of California. The complaint asserts that the defendants knowingly engineered their games and platforms to exploit psychological vulnerabilities in minors, leading to significant emotional, psychological, and physical harm. The child began playing these games at age six and became increasingly dependent, resulting in deteriorating academic performance, disrupted sleep, and social withdrawal. The video game addiction lawsuit alleges that attempts to limit the child’s screen time led to withdrawal symptoms, including rage and threats of self-harm, culminating in diagnoses of anxiety, depression, and symptoms of internet gaming disorder. ### Consolidation of California Cases **May 7, 2025:** The Judicial Council of California has approved the consolidation of all video game addiction lawsuits pending in the state’s courts into a single coordinated proceeding, designated as Judicial Council Coordinated Proceeding (JCCP) No. 5363. Judge Samantha P. Jessner of the Los Angeles Superior Court will oversee this consolidation. This court will house video game addiction lawsuits from all over the country. But how does this consolidation process work, and why is it significant? In California, when multiple lawsuits across different counties share common legal and factual issues, they can be consolidated into a JCCP. This process centralizes pretrial proceedings, streamlining discovery, reducing conflicting rulings, and promoting judicial efficiency. It’s akin to the federal multidistrict litigation (MDL) system but operates within the state’s jurisdiction. The consolidation of these video game addiction cases under JCCP No. 5363 allows for a unified approach to address allegations that certain video games are designed to be addictive, particularly affecting minors. By centralizing these cases, the court can more effectively manage the complex litigation, ensure consistent rulings, and facilitate potential settlements. This move underscores the seriousness with which California’s judicial system is treating the claims of gaming addiction and its impact on young individuals ### New Video Game Addiction Lawsuit Filed in Los Angeles Court **March 8, 2025:** In a new lawsuit filed in state court in Los Angeles, California, the family of a 13-year-old child has sued Roblox Corporation, Epic Games, Microsoft, and Mojang, alleging that their video games are designed to be addictive to minors and cause severe harm. The lawsuit claims that these companies intentionally implemented manipulative game mechanics, psychological tactics, and monetization strategies to keep minors engaged for prolonged periods, leading to compulsive gaming behaviors. The complaint states that the minor, identified as I.M., began playing video games at the age of five and developed addiction-like behaviors, including severe emotional distress, social isolation, withdrawal symptoms such as rage and anger, and an inability to regulate screen time. The lawsuit alleges that the games—Roblox, Fortnite, and Minecraft—lack proper parental controls, warnings, or time restrictions, despite the companies knowing about the risks of excessive gaming in minors. The family asserts strict product liability (design defect and failure to warn), negligence (design and failure to warn), fraudulent misrepresentation, and violations of California’s Unfair Competition Law. They argue that the companies used behavioral psychologists and patented technology to make their games more addictive, particularly targeting young players to increase profits through microtransactions and engagement-based monetization strategies. The lawsuit seeks damages for emotional distress and other harms caused by the child’s compulsive gaming and alleges that the companies prioritized profits over safety, creating a public health crisis for children. ### New Video Explaining Lawsuits and Settlements **February 14, 2025:** We put up a new video today explaining these lawsuits and what our lawyers think successful video game addiction settlements would look like. ### New Study Links Video Game Addiction to Aggression **February 7, 2025:** A recent study titled “Video Game Addiction and Aggression in Schools: A Study of Moroccan Adolescents’ Behavioral Patterns” has found a positive correlation between video game addiction and aggressive behavior among adolescents aged 15 to 19. The research indicates that teens addicted to violent video games, particularly those depicting war and combat, are more likely to exhibit aggressive behaviors in school settings. This study contributes to the ongoing debate about the impact of violent video games on youth behavior. The video game industry The gaming industry insists that violent games do not cause harm, but research—including studies on video game addiction lawsuit cases—increasingly links gaming addiction to aggression, depression, and anxiety. ### California Family Sues Roblox and Google in Gaming Addiction Lawsuit **January 28, 2025:** In a new video game addiction lawsuit filed in Fresno County Superior Court, a California family alleges that Roblox Corporation and Google knowingly designed and distributed addictive gaming products that harmed their 11-year-old child. The complaint claims that Roblox employs patented addictive design features such as operant conditioning systems, loot boxes, and microtransactions, which exploit the vulnerabilities of young users. Filed as part of the growing wave of video game lawsuits, this new suit highlights accusations that major tech companies prioritize profits over the health of minors. The family contends that Roblox and Google failed to warn parents of the inherent risks of gaming addiction while actively marketing Roblox as an educational and creative platform. So it should come as no surprise that the child allegedly developed compulsive gaming habits, experienced withdrawal symptoms, and suffered cognitive and social harms. There is no video game class action lawsuit for personal injury claims, so these gaming addiction lawsuits are filed individually against video game companies. ### Lawsuit Alleges Addiction Caused “Severe Psychological Harm” **January 7, 2025:** In a new video game addiction lawsuit filed in Alameda County, California, the family of a minor, referred to as A.G., sues the giants of the gaming world—including Roblox Corporation, Epic Games, Microsoft, Mojang, Sony Interactive Entertainment, and Nintendo. The suit claims these companies have shrewdly engineered their games, such as Roblox, Minecraft, and Fortnite, to hook young players through psychological tactics akin to digital candy designed to be irresistible (and harmful). The lawsuit alleges these games use operant conditioning, AI-driven feedback loops, and cunning monetization schemes that exploit children’s psychological vulnerabilities, leading to compulsive use and severe psychological harm, including sleep deprivation, anxiety, depression, and social isolation. A.G. was drawn into gaming marathons stretching over 12 hours a day. The games’ alluring design not only disrupted A.G.’s mental and emotional development but also strained the family’s finances with endless in-game purchases. Efforts by A.G.’s family to curb this digital binge were futile against the games’ addictive allure. The lawsuit also touches, as most of these gaming addiction lawsuits do, on disturbing privacy concerns, accusing these companies of harvesting and misusing personal data to deepen user engagement and boost spending. The family is now seeking not just compensatory and punitive damages but something that would help other kids. It seeks injunctive relief to order these companies to curb these predatory practices and shield other children from the clutches of engineered addiction. It is a good idea, albeit one that is unlikely to be granted. ### New Minecraft Addiction Case in California **November 20, 2024:** In a new lawsuit filed in California state court, a family is suing Roblox, Microsoft, and others, alleging they exploited addictive designs in their popular video game, Minecraft. The complaint asserts that the game was deliberately engineered to target psychological vulnerabilities, particularly among minors and neurodivergent individuals, resulting in significant mental, emotional, and physical harms. The plaintiffs claim that Minecraft’s developers collaborated with behavioral experts to create features that foster compulsive gameplay. These features, combined with microtransactions and in-game notifications, allegedly exploit users’ brain chemistry to maintain prolonged engagement. The lawsuit describes this as part of a broader strategy by Microsoft and Roblox to maximize profits at the expense of minors’ well-being. The family also alleges that the companies violated privacy laws by collecting personal information from minors without obtaining proper parental consent, as required by California and federal law. They argue that these practices, along with the game’s social features and addictive design elements, have caused significant harm to their child, including psychological distress, compulsive gaming behaviors, and related physical effects. Seeking damages for these injuries, the lawsuit joins a wave of litigation scrutinizing the gaming industry’s impact on vulnerable populations, particularly children. The case adds to the growing number of claims against tech and gaming giants for prioritizing revenue over child safety. ### Motion to Dismiss Video Game Addiction Lawsuit **September 19, 2024:** Activision Blizzard, Roblox, Microsoft, Nintendo, and other major players in the video game industry filed motions on Tuesday to dismiss a lawsuit alleging they intentionally designed their games to be addictive for profit. Game companies claim the First Amendment protects them, but the courts have historically ruled against corporations when their products cause harm, just like they have in tobacco and opioid cases. The plaintiff’s video game addiction lawsuit claimed that these companies contributed to a “worldwide epidemic” of video game addiction by making games like Fortnite, Minecraft, Call of Duty, and Grand Theft Auto V excessively addictive, exacerbating issues like ADHD, anxiety, and depression in players. In multiple motions to dismiss, the companies argued that video games are creative works protected by the First Amendment, which shields their right to create and distribute these games. Microsoft and Nintendo, in a joint filing, emphasized that video games are entitled to full constitutional protection as artistic expressions. They argued that the claims against them are akin to suing a bookstore for distributing third-party content, noting that they simply provide online platforms where games can be downloaded but do not create the games themselves. Roblox made similar arguments, asserting that it offers tools for users to create games on its platform but does not develop the games directly. Roblox and other platform operators also cited Section 230 of the Communications Decency Act, which protects service providers from liability for content generated by third parties. These defendants interpret this law as the ultimate get-out-of-jail-free card. In addition, the companies make the case-specific argument that the plaintiff’s claims are time-barred due to the statute of limitations. The lawsuit, filed when the plaintiff was 23, alleged injuries from gaming addiction that began at age 10, but the developers contended that the two- and four-year statutes of limitations for product liability and negligence claims had expired. ### No Video Game Addiction Class Action Lawsuit for Now **June 10, 2024:** What might have really jumpstarted this litigation would have been a video game addiction MDL class action lawsuit. That is not going to happen, at least not yet. The plaintiffs in five lawsuits requested the cases be centralized in the Western District of Missouri. These lawsuits, which involve video game developers, digital app stores, and other tech companies, allege that these entities created and sold games with features designed to be psychologically addictive, particularly targeting minors and young adults. There are fifteen such cases spread across ten districts. The defendants opposed centralization and, if it proceeds, prefer the Eastern District of Arkansas or the Northern District of Georgia as the venue. After reviewing the filings and holding a hearing, the panel decided that centralizing these cases would not improve convenience or efficiency. The plaintiffs argued that the cases were similar because they involved the gaming industry’s alleged tactics to create addiction through features like feedback loops and reward systems. However, the differences among the games and defendants were too significant to justify centralization. Each lawsuit involves different games and various combinations of defendants, with minimal overlap. The biggest problem is that we only have five lawsuits to be consolidated. The plaintiffs also mentioned the potential for many more lawsuits, given that many more are coming. But the panel correctly pointed out that the possibility of future video game lawsuits is not sufficient grounds for centralization. At some point, that dam will break, and there will be a video game addiction class action lawsuit. But that day is not today. It is also worth pointing out that this might be the best outcome for victims. ## **Addiction to Video Games** Video game addiction, also known as internet gaming disorder, significantly impairs an individual’s control over gaming, often prioritizing it over essential life activities that negatively affect self-care, relationships, and productivity at school or work. This addiction disrupts cognitive functions like time perception and decision-making and leads to social withdrawal, excessive anger, and a lack of interest in other hobbies. The issue is worsening globally, particularly with the rise of online and cloud gaming, which provides easy access to games that often include in-game purchases, intensifying the addiction, particularly among minors and young adults. This widespread problem is primarily driven by gaming companies intentionally designing games to be addictive to increase profits through in-game transactions or “microtransactions.” ## **Lawsuits for Video Game Addiction** Legal actions are being taken against these companies, accusing them of employing deceptive practices that prioritize profit over user safety, especially targeting young individuals to secure a future consumer base. These practices have led to significant emotional and social issues for affected individuals, requiring extensive treatment and intervention. The video game addiction lawsuits seek to hold video game companies liable based on a failure to warn theory. The lawsuits assert that the video game companies had a duty to warn users that their games could potentially be addictive and habit-forming, and that this addiction could be harmful. ## **Consequences and Injuries from Video Gaming Addiction** Video gaming addiction has been linked to a number of adverse health consequences and injuries. The harms caused by video game addiction include: * _Social Isolation_ : individuals who become addicted to video games end up withdrawing from social contact, which can negatively impact their social skills and development * _Anxiety and Depression_ : evidence has shown that excessive gaming is linked to higher rates of mental health issues such as anxiety and depression. * _RSI_ : Repetitive Stress Injuries (RSI) can often occur in the hands and wrists from excessive use of controllers. * _Sleep Disruption_ : Video game addiction can result in lack of sleep, which leads to various other health issues. * _Aggression_ : video game addiction has been shown to cause excessive aggression (known as “gamer’s rage”) and uncontrollable anger * _School and Job Issues_ : addiction to video games frequently results in academic and job failures. ## FAQs on Video Game Addiction Lawsuits: What You Need to Know What is the basis of the video game addiction lawsuits? These lawsuits are not just about kids playing too many video games. That is what the defendants desperately want you to believe. But you must do what a jury will do: listen to the evidence with an open mind. This is about deliberate, calculated decisions made by the biggest names in the gaming industry—Epic Games, Microsoft, Activision Blizzard, and others—to create products designed to be addictive. Think about it this way: if a food company laced their snacks with an unregulated chemical that made customers crave more and more, they would be sued into oblivion. That is what these lawsuits argue video game companies have done. They have used behavioral psychology, gambling mechanics, and manipulative game design to turn young players into compulsive users, all while failing to provide any warning about the risks. Gaming addiction lawsuits claim that video game addiction is not an accident—it is an intentional feature of modern games. Companies use strategies such as variable reward schedules, in-game economies, social pressure, and microtransactions to keep players hooked, just like a casino designs slot machines to keep gamblers pulling the lever. The result? Young gamers suffering from depression, anxiety, social withdrawal, sleep disorders, and even physical injuries. Families are left helpless, watching their child spiral into a screen-induced addiction. These lawsuits seek to hold game companies accountable and force them to change these exploitative practices. What game companies are being sued for gaming addiction? The biggest names in gaming are under legal scrutiny for their predatory design practices. Lawsuits have been filed against: **Epic Games (Fortnite)** – A game that has been heavily criticized for using psychological hooks to keep players online for hours. **Roblox Corporation (Roblox)** – A game aimed at young children, fueled by microtransactions and social pressure (there are also Roblox sex abuse lawsuits) **Microsoft (Minecraft)** – A game that is easy to sink countless hours into without realizing it. **Rockstar Games (Grand Theft Auto)** – A franchise notorious for its addictive open-world mechanics and gambling-like monetization. **Activision Blizzard (Call of Duty, Overwatch)** – Games that employ battle passes, progression systems, and microtransactions to trap players in endless cycles of engagement. These companies are fully aware of what they are doing. Many even hire behavioral psychologists to refine their addiction models. Their goal is simple: maximize engagement, maximize profit, and keep players coming back—no matter the cost to mental health. How do gaming companies intentionally make games addictive? Let’s be clear—this is not a coincidence. Video game companies have perfected the science of addiction to ensure that players do not want to stop playing. Here is how they do it: **Variable Reward Systems (The Slot Machine Effect)** Games use randomized rewards, loot boxes, and rare item drops to keep players chasing the next dopamine hit. This is exactly how gambling works—your brain craves the unpredictable reward. **Microtransactions & In-Game Purchases** Instead of making a game where everything is earned through skill, companies add paywalls, artificial grinding, and paid shortcuts. This fuels impulsive spending, especially among young players who do not yet understand financial consequences. **Social Pressure & Multiplayer Manipulation** Many games are designed to be difficult to pause or exit. They create social dependence, where leaving a match hurts teammates or ruins progress. This keeps kids playing even when they want to stop. **Continuous Play Incentives (Daily Streaks & “Limited-Time” Events)** Games manipulate FOMO (Fear of Missing Out) by pushing daily login rewards and exclusive events that disappear if a player does not keep coming back. **Designed Frustration (Make It Just Hard Enough to Keep Playing)** Have you ever played a game that was difficult, but just barely within reach? That is on purpose. The design keeps you trying “one more time,” driving excessive playtime and engagement. This is addiction by design—not some side effect. The entire industry is built on keeping players hooked, engaged, and spending. How do I know if my child has a gaming addiction? Video game addiction is not just playing a lot of video games—it is a serious disorder where gaming begins to interfere with real life. The biggest red flags include: **Losing interest in everything else** – Gaming might have taken over if your child stops enjoying hobbies, sports, or social activities. **Irritability and rage when told to stop playing** – Sudden outbursts of anger, frustration, or even violence when asked to turn off the game. **Declining grades or skipping schoolwork** – Homework and studying take a backseat to gaming, leading to academic failure. **Lying about time spent gaming** – Kids hiding their playtime or sneaking onto devices late at night is a significant warning sign. **Sleep deprivation & exhaustion** – Late-night gaming marathons often lead to severe fatigue, poor concentration, and worsening mood. **Spending large amounts of money on in-game purchases** – Games encourage impulsive spending, leading to financial harm and addiction-like behavior. If you recognize these signs, it is time to take action. What injuries and health problems are linked to video game addiction? Gaming addiction is not just a mental problem—it affects the body too. Excessive gaming has been linked to: **Mental health disorders** Anxiety & Depression – Social isolation, disrupted sleep, and emotional instability. Internet Gaming Disorder (IGD) – Recognized by the WHO, this disorder causes severe impairment in daily life. Suicidal Thoughts & Self-Harm – Many extreme cases involve mental health crises. **Physical health conditions** Gamer’s Thumb & Carpal Tunnel Syndrome – Repetitive stress injuries from excessive controller/mouse use. Seizures – Some video games trigger seizures, especially in young players. Computer Vision Syndrome – Severe eye strain, blurred vision, and headaches from prolonged screen time. Sleep Deprivation – Late-night gaming sessions disrupt healthy sleep cycles, leading to chronic fatigue. These are real, documented harms—not just overblown concerns. How much is a video game addiction lawsuit worth? It is too early to predict exact settlements, but based on similar lawsuits, we estimate: **$100,000 – $350,000+ for severe cases** Suicide attempts, hospitalization, permanent psychological harm. Massive financial losses due to excessive microtransactions. **$50,000 – $100,000 for moderate cases** Documented mental health struggles, loss of education opportunities. If punitive damages come into play—meaning the courts want to punish game companies for knowing negligence—the numbers could be much higher. If the defendants are foolish enough to let one of these lawsuits go to trial before trying to work out a global settlement…that would be pretty foolish. We explain our thought on video game addiction lawsuit payouts more fully below. What should I do if I want to file a video game addiction lawsuit? If you believe your child was harmed by gaming addiction, here is what to do next: **Contact our law firm immediately** – We will evaluate your case for free. **Gather evidence** – Medical records, gaming history, financial statements (for in-game purchases). **File a lawsuit** – Hold these companies accountable for deliberately causing harm to vulnerable players. Gaming addiction is a manufactured crisis—one that should have never happened. It is time to fight back. 📞 **Call us today for a free consultation orcontact us online. ** ## The Core of the Video Game Lawsuit Allegations The crux of these lawsuits is that these games target minors and young adults. Plaintiffs claim that each defendant deliberately designed their products to exploit vulnerable users’ inability to appreciate risks, making the products exceptionally addictive. Specific allegations include the use of psychological tactics like random rewards and social components to enhance addictiveness. So the product liability angles are defective design and failure to warn. Plaintiffs argue that these design defects existed from the product’s conception to its release to the public. So when these products were used by kids as intended, kids fell prey to their addictive nature due to the defendants’ failure to provide adequate warnings. It is claimed, and it is hard to deny, that each defendant could have employed alternative, less harmful designs or features to reduce the risk of addiction and other negative impacts, albeit probably slightly less profitably (while still in the many billions). These alternatives include not using addictive patents in game design, implementing robust age verification systems, adequate parental controls, and providing warnings about health effects. As a direct consequence of these alleged design defects, children suffered physical injuries, mental harm, emotional distress, and economic damages. These injuries, as outlined, were a foreseeable result of the defendants’ actions in creating. ## **Who Are the Defendants in the Video Game Lawsuits?** The defendants in the video game addiction lawsuits include all of the major players in the multi-billion dollar gaming industry. 1. **Epic Games, Inc.** – Known for developing and selling the Fortnite series. 2. **Roblox Corporation** – Associated with the development and sale of the Roblox series. 3. **Activision Blizzard, Inc.** – Developers of the Call of Duty series. 4. **Infinity Ward, Inc.** – Also involved in developing and marketing the Call of Duty series. 5. **Treyarch Corp.** – Another contributor to the Call of Duty series. 6. **Sledgehammer Games, Inc.** – Part of the team behind Call of Duty. 7. **Raven Software Corporation** – Also engaged in the Call of Duty series development and distribution. 8. **War Drum Studios LLC d/b/a Grove Street Games** – Known for the Grand Theft Auto series. 9. **Rockstar North Limited** – A primary developer of the Grand Theft Auto series. 10. **Rockstar Games, Inc.** – Involved in the Grand Theft Auto series. 11. **Take-Two Interactive Software, Inc.** – The parent company of Rockstar Games and Rockstar North, involved in Grand Theft Auto. 12. **Sony Interactive Entertainment LLC** – Alleged to have contributed to the distribution and marketing of the involved games through its PlayStation platform. 13. **Microsoft Corporation** – Discussed in the context of the Xbox console and its services, which also distribute and market the implicated games. 14. **Nintendo of America, Inc.** – Similar involvement through its Nintendo Switch console and related services. 15. **2KGames Inc.** – Known for developing popular video game series such as NBA 2K and WWE 2K. 16. **Apple Inc.** – Involved through its operation of the App Store, which distributes many of the implicated games. 17. **Another Axiom, Inc.** – Known for developing games such as Gorilla Tag. 18. **Dell Inc. and Dell Technologies Inc. (together, “Dell”)** – Their devices are used for playing video games, contributing to the overall gaming experience. 19. **Electronic Arts Inc.** – Developers of various popular games including the FIFA and Madden NFL series. 20. **Google LLC** – Operates the Google Play Store, which distributes numerous games involved in the lawsuits. 21. **Innersloth LLC** – Known for developing the hit game Among Us. 22. **Meta Platforms, Inc. (“Meta”)** – Develops and supports virtual reality gaming platforms through Oculus VR. 23. **Mojang Studios** – The creators of Minecraft, a widely popular game among minors. 24. **Rec Room Inc.** – Developers of Rec Room, a social VR game. 25. **Ubisoft Divertissements, Inc. and Ubisoft Entertainment** – Known for developing games such as Assassin’s Creed and Far Cry. 26. **Visual Concepts Entertainment Studios** – Developers involved in the creation of sports simulation games like NBA 2K. ## **Why Is Call of Duty Such a Focus of the Litigation?** Call of Duty, a first-person shooter game series launched in 2003, immerses players in infantry and combined arms warfare. Promoted by Activision as a gripping, high-intensity saga featuring immersive narratives and covert operations, the game is celebrated for its ultimate online multiplayer experience. To date, there are 22 mainline versions of the game, making it the most successful video game franchise in the U.S. and the fourth best-selling globally, with over 400 million copies sold. It is advertised everywhere. Each version of Call of Duty maintains a consistent gameplay experience but offers unique stories, weaponry, and capabilities. Developed by Activision and its subsidiaries—Raven, Infinity Ward, Treyarch, and Sledgehammer Games—the series is renowned for its engaging single-player and multiplayer modes. Unique to Call of Duty is its addictive gameplay mechanics, such as unlock progression systems that reward players with new equipment and capabilities as they advance, enhancing replayability and engagement. Call of Duty is a focal point of this litigation because research suggests that frequent players may experience neural desensitization to violence. This should surprise no one. The game’s design, which includes sophisticated reward systems and feedback loops created with input from psychologists and neuroscientists, is intended to maximize player retention and spending. These elements, along with microtransactions and in-game purchases like loot boxes and battle passes, are seen as tactics to boost profits, raising real concerns about the ethical implications of such strategies. Moreover, Call of Duty games employ patented technologies to increase their addictive qualities. The purpose? To secure a long-term revenue stream from players, especially minors, of course. Despite the known risks of addiction and other negative consequences, the developers do not fully disclose these to players. This puts profits over children. These lawsuits allege that the game’s developers engage in deceptive practices to exploit players, and they are responsible for the very foreseeable consequences. ## Grand Theft Auto Is Also a Pressure Point in this Litigation Grand Theft Auto is a well-known series of action-adventure games that immerse players in an expansive open world. Developed primarily by Rockstar North, with contributions from Grove Street Games for the latest installment, the series is published by Rockstar Games. The gameplay involves progressing through the main story by completing missions and engaging in various side activities. The character, as the game’s name suggests, is not one of the good guys. Available on multiple platforms including PC, Mac, various gaming consoles, and mobile devices, Grand Theft Auto has captivated over 30 million players worldwide. Specifically, Grand Theft Auto V, released in 2013, stands as the second best-selling video game of all time with over 185 million copies sold, contributing to the franchise’s revenue of over $8.33 billion since its launch. Each game in the series features a unique protagonist navigating the criminal underworld, driven by motives often tied to themes of betrayal. The games are enriched with contributions from film and music celebrities who voice characters, enhancing the narrative depth. The developers have focused on delivering high-quality graphics, a compelling storyline, and intuitive controls. Players can indulge in countless activities within the game such as skydiving, playing darts, and watching movies, ensuring a never-ending source of entertainment. The games also feature realistic replicas of famous supercars, adding to the allure and driving player engagement and spending on in-game items like cars, guns, and clothes. Grand Theft Auto offers various gameplay modes, including free-mode missions and competitive adversary modes where players can race across the game map. Special events often offer enhanced rewards, encouraging increased playtime. Additionally, cooperative modes allow players to team up for missions, increasing social interaction and commitment to the game. In-game purchases enable players to acquire luxury items and upgrades, further immersing them in the virtual world. None of this is awful per se. But the game has intentionally addictive qualities and the developers knew or had reason to know of the potential negative impact on players’ mental and physical health. The developers are criticized in these lawsuits for not adequately informing players or parents about the game’s addictive nature and its potential harms, focusing instead on maximizing profit through continual engagement and spending within the game. ## Potential Settlement Value of Video Game Addiction Lawsuits Estimating the potential settlement amounts in video game addiction lawsuits is hard, especially in the early stages of litigation. These cases are unique, and there are few comparable lawsuits to reference when projecting potential payouts. The closest comparable litigation is the social media addiction lawsuits, that we are also involved in, and those cases are also early in the litigation process and there have been no settlement payouts yet. The difficulty is further compounded by the wide range of variables and unknowns that can influence the outcome. With those caveats in mind, by focusing on the nature of the alleged injuries and comparing settlements in similar cases, our lawyers can provide general settlement payout estimates of what plaintiffs might expect if this litigation is as successful as we and many other lawyers hope and expect. Video game addiction lawsuits center on injuries tied to mental health conditions such as anxiety, depression, social isolation, sleep deprivation, and anger. The settlement compensation of these cases will likely vary depending on the severity of the impact on the plaintiff’s life. High-value settlements will likely involve plaintiffs who experienced life-altering consequences, such as severe depression or anxiety that led to dropping out of school, job loss, or even suicide. These cases may result in payouts of $100,000 to $350,000 or more, depending on the specific circumstances. Extraordinary cases involving permanent injuries or death could push settlement amounts even higher. On the other hand, cases involving milder disruptions, where gaming addiction caused fewer tangible consequences, may result in lower settlement payouts. These cases might fall within the range of $25,000 to $90,000. While these lawsuits are still evolving, it’s clear that the settlement amounts will depend on the extent to which gaming addiction disrupted or harmed the plaintiff’s mental and emotional well-being. As this litigation develops, the legal focus will remain on how gaming companies may have contributed to these harms through their practices, which could lead to the risk of punitive damages, which will drive compensation payouts. ### Estimated Settlement Ranges in Video Game Addiction Lawsuits **$25,000 – $90,000:** Minor disruption cases, including emotional distress, short-term social withdrawal, or mild academic decline. Less severe outcomes but still measurable mental health impact. **$100,000 – $250,000:** Moderate cases involving long-term anxiety, depression, or disrupted education or work. May involve clinical diagnoses and documented treatment history. **$250,000 – $350,000+:** Severe injury claims, including suicide attempts, permanent disability, or total life disruption. These may also include claims for punitive damages due to corporate negligence. **$500,000+ (Exceptional Cases):** Cases involving suicide, death, or permanent institutionalization, especially where companies are shown to have used predatory design or ignored known harms. ## Is There a Video Game Addiction Class Action Lawsuit for Injury Victims? Efforts to centralize video game lawsuits into a single multidistrict litigation class action lawsuit failed. Last year, the U.S. Judicial Panel on Multidistrict Litigation denied a motion to consolidate 15 cases against major gaming companies, including Roblox Corporation, Epic Games, Microsoft, and Google, into an MDL gaming addiction class action lawsuit. The plaintiffs had sought to centralize these cases in the Western District of Missouri, arguing that the lawsuits shared common allegations of addictive game designs and deceptive marketing tactics. But the MDL panel concluded that the differences among the games and defendants outweighed the potential benefits of consolidation. But was this really a loss for the plaintiffs? Our lawyers are glad there is no class action lawsuit for game addiction injury lawsuits. Why? An MDL class action would be a double-edged sword. MDLs are designed to streamline pretrial proceedings when cases share common issues, but they often work in favor of corporate defendants. This is because MDLs risk turning plaintiffs into statistics. Individual stories get buried in the sheer volume of cases and getting a case to trial in an MDL can take forever. **** By rejecting the MDL, plaintiffs retain access to state courts, which often apply more favorable interpretations of consumer protection laws. For example, California courts, where many video game lawsuits are filed, tend to favor plaintiffs in cases involving deceptive marketing. The plaintiffs in these cases allege that gaming companies failed to warn users about the addictive nature of their games and exploited minors through manipulative design features like loot boxes, microtransactions, and psychological feedback loops and those arguments might sell better to state court judges. Decentralization also encourages quicker settlements. Companies like Sony or Microsoft, already facing reputational damage, may find it more efficient to resolve cases rather than risk prolonged litigation in numerous courts. For plaintiffs, this could mean faster resolution and compensation.. Will this strategy succeed? Time will tell. But one thing is sure: there is a ton of pressure on defendants in video game lawsuits right now. And plaintiffs’ lawyers are focused where they should be—seeking justice and fair compensation for the harm done. ## Who is Eligible to File a Video Game Addiction Lawsuit? Our firm currently accepts new video game addiction lawsuits, but we have some specific criteria for eligible plaintiffs. Our eligibility criteria for these cases is as follows: * Plaintiff (or victim) must be 24-years-old or younger * Plaintiff played video games for at least 2 hours per day for at least 5 weeks (70 hours over 5 weeks) * Plaintiff has been medically diagnosed with any of the following conditions: gamer’s rage, depression, anxiety, seizures, orthopedic injuries. * Plaintiff has received treatment for gaming addiction or disorders related to game addiction. ## **Contact Us About Video Game Addiction Lawsuits** Our firm is seeking video game addiction lawsuits across the country. If you have suffered physical or mental harm as a result of video game addiction, call us today for a free case evaluation. Call us at **800-553-8082** or contact us online.

Video Game Addiction Lawsuit Settlements Video game addiction lawsuits are gaining momentum as families and individuals come forward to seek accountability from gaming companies for the harm caused...

#Mass #Torts

Origin | Interest | Match

Informative video on legal standards applicable relative to #MinnesotaShooting by #ICE agent.

#Minnesota
#Legal
#Criminal
#Torts

www.youtube.com/watch?v=wXwN...

Plaintiff Accuses St. Vincent of Negligent Stage-Diving The artist allegedly "had to be removed from him by security guards," a detail that is never explained.

Evidence of Plaintiff's Suicide Excluded in Lawsuit Alleging Threats of Prosecution Aimed at Censoring His Posts About High School Girls' Bathrooms "Plaintiff has not alleged that Defendants' conduct caused a mental condition in which Mr. McBreairty could not control his suicidal impulses."

Also my life right now. #Torts

Hey first-year #law #student!
This scenario in today's NYTimes might well materiaize on your #Torts exam! Just sayin'.

#Lawsky #academicsky

A Second Round with William Barr on Litigation Over Interstate Pollution Whatever the merits of climate tort suits (or lack thereof), the argument they are preempted does not hold up.

Democratic National Committee Not Liable for Field Organizer's Alleged "Grooming" of 16-Year-Old Campaign Volunteer, Which Led to Sex From yesterday's decision by Judge Gerald Pappert (E.D. Pa.) in D.F. v. DNC Servs. Corp.: D.F. was a [16-year-old] high… The post Democratic National Committee Not Liable for Field Organizer's Alleged "Grooming" of 16-Year-Old Campaign Volunteer, Which Led to Sex appeared first on Reason.com.

Meet the brave women at the heart of a real-life legal thriller, THE PAIN BROKERS.

Each received eerily similar phone calls. The callers knew their names, birthdays, medical histories, even their doctors. They were told they had a "ticking time bomb" inside them.

#TrueCrime #torts

Lawsuit Against Saudi Arabia Over Al-Shamrani Mass Shooting at Pensacola Naval Air Station Can Go Forward, in Part From yesterday's Eleventh Circuit decision by Judge Stanley Marcus, joined by Judges Jill Pryor and Britt Grant, in Watson v.… The post Lawsuit Against Saudi Arabia Over Al-Shamrani Mass Shooting at Pensacola Naval Air Station Can Go Forward, in Part appeared first on Reason.com.

Placing Climate Tort Litigation in Context Using tort law for environmental protection has a deeper historical pedigree than does resort to administrative regulation.

🎃It’s a Halloween tradition at Widener Law Commonwealth! 🎃

Professor Kearney’s Torts I class dressed up as their favorite characters from iconic torts cases. How many can you name?

#WidenerLawCW #WLC #Torts #LawSchoolLife #LegalEducation #HappyHalloween

Teaching this today in #Torts as part of product liability & they are the most disturbing cases I’ve ever presented in a class whose default is severe injury & death—the self harm induced by these bots should no longer be characterized as accidental

Making a chocolate hazelnut tort for my mom’s birthday, part 2. #baking #cooking #torts #chocolate #hazelnut Part 1: https://www.tiktok.com/t/ZP8DdQHf9/ TikTok video by Nivenus

Baking a chocolate hazelnut tort for my mom’s birthday (part 2). #baking #cooking #torts #chocolate #hazelnut

www.tiktok.com/t/ZP8DdEARE/

Baking a chocolate hazelnut tort for my mom’s birthday (part 1). #baking #cooking #torts #chocolate #hazelnut TikTok video by Nivenus

Baking a chocolate hazelnut tort for my mom’s birthday (part 1). #baking #cooking #torts #chocolate #hazelnut

www.tiktok.com/t/ZP8DdQHf9/

My baby #Torts have had a complete substrate change and their home all redesigned. Here are the girls in action. #TMNTpretenders #TortoisePhoto #Photo

When a Tree Becomes a Legal Problem: Understanding DC Tree and Property Line Law - Burrell Law - Business Lawyers (NYC & DC) By Iris Rita Richard, Esq.

burrell-law.com/real-estate/...

#DC #WashingtonDC #property, #propertylinedispute and #equitablerelief, #torts, #nuisance, #negligence, #arborist(s), #injunctions, #abatement, #treelaw cc: @talithacumi.bsky.social

#lawschool #lawstudent #yougotthis #encouragement #1L #civpro #torts #lawr

✨NEW at CAP! See what new titles we have in #Contracts, #ConflictofLaws & #Torts, now available at our website, cap-press.com! #NewReleases #LawSchool #LawLibraries

Check them out below: 👇

Teaching #Torts @slulaw.bsky.social starting tomorrow, using the @johnfabianwitt.bsky.social @kmtani.bsky.social #OpenAccess CALI casebook: www.cali.org/books/torts-...

Borrowing from @tpearl.bsky.social, students will share pictures of #TortsInTheWild #SpotTheNegligence for participation credit!

Professor Galligan is one of our leading experts on torts and is often called on to present the latest developments for CLE presentations and bar associations.

#lsulaw #torts

Lovely wee colouring sesh courtesy of @neilslorance.com for his July Patreon. Tried to go a bit out there with the palette! 🍑🌌 #colouringin #torts

Gardasil HPV Vaccine Lawsuit Our lawyers are helping victims who want to bring a Gardasil HVP vaccine lawsuit throughout the United States. Our law firm is particularly focused on ovarian failure cases that lead to infertility in women who have taken Gardasil in the last few years. Gardasil is a vaccine intended to prevent human papillomavirus (HPV), which can sometimes lead to cervical cancer in women. Gardasil was developed by the embattled pharmaceutical company Merck & Co. Merck obtained FDA approval for Gardasil in 2006 based on deceptive research and clinical trials that misrepresented the vaccine’s efficacy while concealing its safety risks and side effects. Merck then launched an aggressive and highly misleading marketing campaign to include millions of parents vaccinating their pre-teen daughters with Gardasil. Filing a Gardasil lawsuit is not an anti-vax statement. A Gardasil vaccine lawsuit is a statement that this specific vaccine that we all assumed was safe might not be. * Gardasil settlement projections for different types of injuries ## Gardasil Class Action Lawsuit Updates in 2025 **July 4, 2025 – Appeal Filed** More than 100 lawsuits alleging that the HPV vaccine Gardasil causes autoimmune disorders like POTS and Primary Ovarian Insufficiency are now on appeal after U.S. District Judge Kenneth Bell dismissed the claims earlier this year. Plaintiffs argue that Bell wrongly concluded that federal preemption bars their failure-to-warn claims, despite what they describe as “a vast body of evidence” showing a causal connection between Gardasil and serious injuries. **April 25, 2025 – Appeal** Bellwether plaintiffs in the Gardasil vaccine MDL appealed multiple adverse rulings to the Fourth Circuit after Judge Bell dismissed most of their claims. The plaintiffs’ opening appeal brief is due May 27, 2025. **March 12, 2025 – Tough Ruling in MDL** The MDL judge in the Western District of North Carolina has ruled in favor of Merck, granting summary judgment on the grounds of implied preemption. The decision effectively blocks failure-to-warn claims brought by plaintiffs who allege that Merck should have included warnings about Postural Orthostatic Tachycardia Syndrome (POTS) and Primary Ovarian Insufficiency (POI) on the Gardasil label. There are other claims, but the reality is this is a failure to warn case. So it is a crushing blow in the MDL. The court found that under federal law, Merck could not have independently added these warnings without FDA approval. Since the FDA has never required such warnings—and has consistently rejected claims that Gardasil causes POTS or POI—the court determined that state law failure-to-warn claims conflict with federal regulation and are therefore preempted. The ruling is a major victory for Merck in the federal litigation, as it eliminates one of the plaintiffs’ central legal claims. The decision does not apply to state court cases. So while this ruling is significant, it does not end Gardasil litigation altogether. This decision applies only to cases consolidated in the MDL in federal court. State court lawsuits remain unaffected, and plaintiffs can still pursue claims under state law, particularly in jurisdictions where failure-to-warn claims are treated differently or where alternative legal theories—such as fraud, negligence, or design defect—are in play. The contrast between state and federal litigation is already becoming apparent. A state court trial in Los Angeles, brought by a woman who alleges Gardasil caused a heart condition that left her in a wheelchair, was recently postponed due to concerns over potential jury bias. The delay stemmed from the confirmation of Robert F. Kennedy Jr. as U.S. Secretary of Health and Human Services. Kennedy, a long-time critic of vaccines, referred cases to a law firm handling Gardasil litigation and was set to financially benefit from some of these lawsuits before transferring his stake to his son. His highly publicized confirmation process led to concerns that jurors might be influenced by his vaccine-related advocacy. So despite this federal preemption ruling, the broader fight over Gardasil is not over. State courts will continue to hear cases, and the legal battle over whether Merck adequately disclosed Gardasil’s risks will play out in those jurisdictions. Merck’s victory in the MDL means federal plaintiffs may now focus on other claims, such as fraud or design defect, while state court litigation remains active. **March 8, 2025 – Why Is Gardasil Not in Vaccine Court** Gardasil is covered by the VICP, which means individuals alleging harm from Gardasil _must_ file claims in Vaccine Court before they can sue the manufacturer. However, Gardasil is not listed in the Vaccine Injury Table, which outlines specific injuries presumed to be caused by particular vaccines within a defined timeframe. Because Gardasil is not on the table: * There are no presumptive injuries associated with it, according to the federal government (maybe Kennedy does something about this) * Claimants do not get the benefit of the legal presumption of causation. * They must prove, using medical records and often expert testimony, that the vaccine caused the injury. Without the benefit of a table injury: * The burden of proof is higher. * Claimants must show that the vaccine “more likely than not” caused the injury (preponderance of evidence). * This often requires retaining expensive medical experts and assembling detailed scientific arguments.**n**. **February 19, 2025 – Trial Postponed** The first trial over the safety of Merck & Co.’s Gardasil vaccine was halted and rescheduled due to concerns that media coverage of Robert F. Kennedy Jr.’s confirmation as U.S. HHS Secretary might influence jurors. Both sides agreed to delay the Los Angeles trial to ensure a fair process, given Kennedy’s long history of vaccine criticism and financial ties to vaccine litigation. The trial, which started a few weeks ago, involved a plaintiff who alleged Gardasil caused her heart condition, leaving her in a wheelchair. Merck denies wrongdoing, stating the vaccine’s risks were properly disclosed. The case will be retried in September with a new jury. Kennedy’s confirmation has sparked controversy, as he will oversee vaccine policies and the National Vaccine Injury Compensation Program, which has paid $5.3 billion in claims since 1988. **January 27, 2025 – Trial** The first jury trial over claims that Merck misrepresented the safety and efficacy of its Gardasil HPV vaccine. The lawsuit alleges that Merck overstated the vaccine’s benefits, downplayed its risks, and withheld side-effect reports from regulators. The plaintiff claims she developed Postural Orthostatic Tachycardia Syndrome and nerve damage after receiving the vaccine. Merck denies the allegations, asserting that its marketing practices complied with regulations and that Gardasil’s safety is backed by extensive scientific evidence. The company points to vaccine court findings and CDC statements refuting links between Gardasil and POTS. **January 20, 2025 – Trial in a Week** The first Gardasil lawsuit to go to trial is next week in California. **September 12, 2024 – Appeals MDL Dismissal** Three women involved in the Gardasil multidistrict litigation have announced plans to appeal their cases to the Fourth Circuit U.S. Court of Appeals after their lawsuits were dismissed for failing to file timely petitions in the Vaccine Court. These women argued for equitable tolling, claiming difficulties in linking their injuries to the Gardasil vaccine, an argument the MDL judge rejected. They will now appeal this decision. **September 3, 2024 – Only Three New Cases in MDL Last Two Months** The Gardasil class action MDL has only added three new cases over the last two months. The total number of pending cases in the MDL is now at 200. **August 4, 2024 – Four Cases Dismissed** The MDL judge has dismissed claims from four patients in litigation concerning injuries allegedly caused by Merck’s Gardasil HPV vaccine. The dismissal was based on procedural grounds related to the National Childhood Vaccine Injury Act, which requires that any vaccine injury claim be first filed with the federal vaccine injury program, known as “Vaccine Court,” within three years of the onset of symptoms. Three plaintiffs filed their petitions too late and failed to appeal the Vaccine Court’s dismissal of their time-barred claims before pursuing civil actions. (The fourth plaintiff did not file a petition at all and did not respond to the motion to dismiss.) **July 18, 2024 – First Gardasil Trial in Two Months** The Gardasil litigation in state court has outpaced in MDL. The first California state trial, _Robi v. Merck_ , is set for October 7, 2024. The plaintiff in that case alleges severe side effects, including heart problems and nerve pain, from the vaccine. **July 1, 2024 – Case Count** This litigation is not exploding. The Gardasil Products Liability Litigation under Judge Kenneth D. Bell in North Carolina saw a minor increase in active cases from 194 in June to 197 in July 2024. **June 12, 2024 – Bellwether Trial Date To Be Set Soon** Lawyers for both sides in the Gardasil HPV vaccine MDL are very close to completing discovery in the initial group of test cases for bellwether trials. The date for the first Gardasil bellwether trial is expected to be set at the MDL status conference set for tomorrow. It seems likely, however, that the first Gardasil test trial will happen in California state court. The California case features a plaintiff who was allegedly left bed-ridden for life as a result of the Gardasil vaccine. **June 3, 2024 – MDL Approaches 200 Cases** There are now 184 total cases pending in the Gardasil class action MDL. Three months ago there were about 140, so this is not a high volume MDL, but it continues grow. **May 20, 2024 – Merck Seeks Dismissal** Last week, Merck moved to dismiss a group of 3 Gardasil cases from the MDL on the grounds that the plaintiffs in each case failed to exhaust their administrative remedies under the National Vaccine Injury Act. The Vaccine Act requires all plaintiffs in vaccine cases to first bring their claims in vaccine court before filing in civil court. **April 5, 2024 – New Case Study** A new case study has highlighted a significant association between Merck’s HPV vaccine, Gardasil, and the development of postural orthostatic tachycardia syndrome (POTS), an autoimmune condition characterized by chronic lightheadedness, fainting, and rapid heartbeat episodes. Researchers in Utah documented a woman who developed POTS shortly after receiving the Gardasil vaccine in 2014. This case underscores the potential for the vaccine to initiate autoimmune or autonomic dysfunction, possibly as a result of the immune system’s response to a viral component. This is one more piece of the puzzle linking POTS and the HPV vaccine. **March 29, 2024 – Judge Rules that Gardasil MDL Can Move Forward** Last month, Merck’s defense team filed a motion asking the MDL Judge to dismiss all of the Gardasil lawsuits on the grounds that the failure to warn claims asserted by the plaintiffs are legally barred under the National Childhood Vaccine Injury Act. Last week, however, MDL Judge Kenneth Bell issued a memorandum opinion denying the motion as to failure to warn. Judge Bell found that the claims that Merck negligently failed to warn healthcare providers about the potential risks of Gardasil are not fully barred under the Vaccine Act, nor are claims that Merck fraudulently concealed these risks. This ruling is significant because it clears the way for the Gardasil litigation to move forward into the next phase, which could prompt Merck to seek a global settlement deal.’ **March 1, 2024 – 39 Cases Added to MDL Since Start of Year** There are now 143 total cases pending in the Gardasil class action MDL. Since the start of this year, a total of 39 new cases have been added to the MDL. **January 9, 2024 – Status Conference in MDL** Today, Judge Conrad will meet with lawyers about the Gardasil lawsuit. The judge will assess the progress and listen to both sides regarding any issues they’re experiencing with gathering information for the case. Before the meeting, both sides agreed on specific topics to discuss. They’ll discuss how they plan to share information, give an update from Merck and figure out how to work with similar cases happening in state court in California, and talk about where the Gardasil lawsuits are going in 2024. They also shared a report saying they’ve finished questioning people about how Merck watched for Gardasil’s side effects and how they tested the drug. They plan to question more people from Merck in the next few months. The people suing have asked for more documents from Merck, but Merck doesn’t want to give them. They’re still trying to work out this disagreement. Big companies do not like to produce documents for one of two reasons: (1) they have something to hide, or (2) they are reflexively oppositional. Both sides have also asked to have more time to prepare these lawsuits, and this will be discussed at the meeting today. Here are some of the key deadlines coming up: Event | Deadline ---|--- Written Discovery Completion | February 15 General Causation Expert Discovery Completion | August 30 Deadline for Motions on General Causation Expert Testimony Admissibility | October 11 Hearings on General Causation (Daubert) | Late January 2025 Jury Trials Scheduled | Following the Hearings If you are putting this on a calendar, circle the Daubert hearing. That is what will make or break this litigation. **January 1, 2024 – MDL Adds 28 New Cases** The class action MDL involving the Gardasil HPV vaccine only has 132 pending cases. That is an increase of 28 new cases over the last 30 days, which marks one of the highest monthly volumes since the start of the litigation. ## Gardasil Class Action Lawsuit Updates in 2023 **December 1, 2023 – Case Count in MDL 3036** There are now 104 filed lawsuits in the MDL class action. **October 2, 2023 – MDL Status Hearing** Last week, a status hearing was held in the Gardasil MDL to provide the MDL Judge with updates on various issues. The topics included efforts to resolve the ongoing dispute over Merck’s document production, limits on the scope of discovery, and updates on the bellwether cases. **September 28, 2023 – Gardasil Lawyer Meeting** There was a status conference on Tuesday in the Gardasil class action. The topics were discovery dispute and limit an update on the bellwether Gardasil lawsuits that are being prepared for trial. **September 15, 2023 – What Is a Lexecon Waiver?** The only Gardasil lawsuits that will be bellwether trial cases have a Lexecon waiver. What is a Lexecon waiver? A Lexecon waiver is an agreement that waives the right to challenge the venue (location) for where the suit is tried. So cases that belong in other jurisdictions can be tried in North Carolina instead of their home states so the MDL judge can preside over the trial. **September 1, 2023 – Getting Cases Ready for Trial** In June, sixteen bellwether cases for the Gardasil class action lawsuit were chosen by both plaintiffs and defendants to undergo early test trials to help determine settlement amounts. In a recent pretrial conference with Judge Conrad this week, Gardasil lawyers discussed the progress of the litigation. According to a new status report, 13 of the 16 plaintiffs have amended their complaints, and Merck has responded with case-specific answers. Merck intends to subpoena the parents of plaintiffs for depositions, given that many plaintiffs received the vaccine at a young age. One case in the bellwether pool was dismissed and will be replaced to maintain equal numbers. We are getting closer to having the first trial in these lawsuits. **August 28, 2023 – 92 Cases Pending in MDL** When the Gardasil class action MDL was first established in September 2022, it had just 20 pending cases. A few months later, in January 2023, the MDL had tripled in size with 60 pending cases. Since then, however, the growth trajectory has flattened. There are currently only 92 pending Gardasil cases in the MDL, as only 32 new cases have been added since the start of the year. **August 2, 2023 – Joint Status Report in MDL** A recent joint status report submitted to the MDL Judge in the Gardasil HPV vaccine class action offers a glimpse of the most recent developments in this ongoing litigation. This week, the plaintiffs are deposing corporate representatives for Merck under FRCP Rule 30(b)(6). These depositions will be a key part of the case against Merck. 16 cases have been selected for a bellwether discovery pool, and those cases are going through discovery now. Finally, the plaintiffs are continuing to pry out of Merck the adverse event data that was the subject of an earlier motion to compel. **July 10, 2023 – Defendant Fact Sheets** Under a new order last month, Merck must fill out and submit something called a Defendant Fact Sheet (DFS) for each lawsuit that will provide key information about the case. This is required after each plaintiff gives their own Plaintiff Fact Sheet (PFS), which contains the basic facts of their claim. The DFS must be submitted within 45 days of receiving the PFS, and the details given in the DFS will be treated as if they were provided in response to a formal request for documents. Any documents the defendants provide in response to the DFS are considered confidential, so they can’t be shared with others without permission. **June 27, 2023 – Preparing Bellwether Cases for Trial** The U.S. District Judge supervising the federal Gardasil vaccine class action lawsuit will work with lawyers this week to peel off some of the details of how the path to the first Gardasil trial will work. There are 16 potential cases that could the “the one” that is the first to go to trial. What happens in this first trial will be a big deal. If there is a large verdict, that will send like Gardasil settlement amount through the roof. If the case were dismissed, that would have a disastrous impact on projected compensation payouts. **June 1, 2023 – Bellwether Trial Plan** As long as mass tort litigation like the Gardasil class action lawsuit takes, there is a plan to get these lawsuits to trial. A bellwether trial program has been set up in the Gardasil class action MDL. In June, an initial pool of 16 cases will be selected as bellwether candidates. These cases will then go through a short fact-discovery phase to learn more about each case. After that is completed, the pool of 16 will be narrowed down to six cases which will be eligible for the opening round of bellwether trials next year. The plaintiffs will be patients who have one of the two main health complications associated with the HPV vaccine: Postural Orthostatic Tachycardia Syndrome (POTS) or Primary Ovarian Failure (POF), also referred to as Primary Ovarian Insufficiency (POI). **May 3, 2023 – Ruling on Experts** The court addressed last week the “Plaintiffs’ Motion to Withhold Expert Reports Filed in the Vaccine Program by Plaintiffs’ Consulting Experts.” Merck opposed the motion. The court has granted the motion in part and denied it in part. It has allowed plaintiffs to withhold their expert reports filed in the Vaccine Court until they determine whether these experts will be retained as consulting or testifying experts in the MDL. This decision was made considering the fairness principles underlying Rule 26(b)(4)(D) of the Federal Rules of Civil Procedure. If plaintiffs decide not to retain any particular expert who filed a report in Vaccine Court, they must produce those experts’ reports to Merck within 10 days of such a decision. However, the court has denied the plaintiffs’ request to withhold expert reports filed by the Department of Health and Human Services (DHHS) in Vaccine Court. The court found that the fairness considerations of Rule 26(b)(4)(D) do not apply to DHHS’s experts since they will not be retained by the plaintiffs. Therefore, the court has ordered the plaintiffs to produce DHHS’s expert reports from Vaccine Court to Merck within 10 days of the order. **April 14, 2023 – Document Discovery** In November 2022, the plaintiffs in the Gardasil class action MDL filed a motion to compel discovery, claiming that Merck had failed to produce documents and information about adverse event reports involving Gardasil. Merck strenuously opposed the motion, but the MDL Judge recently granted most of the plaintiffs’ requests. Merck has now been ordered to produce all information and documents relating to its adverse event reporting system and other vital documents. ## New Gardasil HPV Research Leading to a Lawsuit New research has shown that Gardasil can induce and increase the risk of auto-immune diseases, and a host of other serious health complications including Postural Orthostatic Tachycardia Syndrome, Neuropathy, and Fibromyalgia. Gardasil has also been linked to premature ovarian failure and infertility. (Our lawyers are getting a lot of Gardasil infertility lawsuit inquiries.) What is even more unsettling, however, is that there is also evidence to suggest that rather than preventing cervical cancer, the Gardasil HPV vaccine may increase the risk of cervical cancer. Our firm is currently seeking new Gardasil HPV vaccine lawsuit cases. If you had the Gardasil HPV vaccine and subsequently developed serious side effects, call us today at **800-553-8082** or get a free consultation online. ## **Gardasil HPV Vaccine** HPV is a common virus that is easily passed through skin contact. HPV is the most common STD, and it is estimated that 2/3 of the adult population will have an HPV infection during their lifetime. Most HPV cases are harmless. But a very small percentage of HPV cases in women can potentially contribute to the development of cervical cancer. So a safe drug that can fight HPV and cervical cancer would be meaningful. Merck fast-tracked approval for Gardasil from the FDA in 2006. Gardasil’s approval came right on the heels of Merck’s Vioxx disaster which cost the company billions in losses. Gardasil was viewed as Merck’s next big blockbuster drug that was going to pull the company out of its financial hole. Unfortunately, however, Merck learned very little from the Vioxx disaster because they repeated many of the same mistakes. ### About Human Papillomavirus (HPV) HPV stands for human papillomavirus. HPV is an exceedingly common type of virus that lives in the skin. Over 200 different strains of the HPV virus have been medically identified. About 2/3 of these strains of HPV are benign and have zero symptoms. A handful of HPV strains are known to cause growth in the skin or mucous membrane. These growths are commonly called “warts.” HPV is highly transmissible via skin-to-skin contact, including sexual or other types of intimate contact such as kissing. Around 40 of the known HPV strains are transmitted primarily through sexual contact. Genital HPV is so ubiquitous that experts estimate that over 75% of the sexually active adult population will have genital HPV at some point in their life. Most people with genital HPV never have any physical symptoms at all and the infection simply goes away on its own without the individual even realizing they were infected. 2 of the 40 genital HPV strains are known to cause genital warts. Most HPV infections occur unnoticed and resolve on their own without any long-term consequences. However, there are a few strains of HPV that do not clear up on their own and can eventually lead to abnormal growths that could develop into cancer. These strains of HPV are called “high-risk” HPV. Out of the 40 types of genital HPV, only 12 strains are classified as high-risk and potentially can lead to cancer. Two of these 12 high-risk HPV types account for over 80% of all cancer cases. High-risk HPV is primarily a concern for women because it can develop into cervical cancer. These types of HPV can gradually cause the formation of abnormal growths in the cervical tissue. If these growths are not promptly removed they will often develop into cervical cancer. Pap smear examinations are intended to identify these abnormal growths and remove them before they lead to cervical cancer. Although cervical cancer is the most common, HPV can also lead to other types of cancer including anal and penis. ## **Merck Brings Gardasil to Market with Fraudulent Marketing Campaign** Leading up to and after the 2006 approval of Gardasil, Merck launched a massive marketing campaign to manufacture demand for its HPV vaccine. Before Gardasil, there was little or no demand for an HPV vaccine, and HPV was never viewed as a pressing public health emergency. To ensure the financial success of its new vaccine, Merk preceded the release of Gardasil with expensive HPV “disease awareness” marketing. This marketing campaign greatly exaggerated the health risks of HPV. Merck launched a years-long disease awareness campaign to make people fear HPV and cervical cancer, despite the lack of a public health emergency in high-resource countries like the United States. Prior to FDA approval, Merck used its marketing campaign to create a market for its vaccine out of thin air, while simultaneously engaging in a cringe-worthy propaganda campaign aimed at frightening and guilting parents who failed to inoculate their children with Gardasil. Merck aggressively marketed Gardasil as a miracle vaccine, falsely proclaiming it a “cervical cancer vaccine” that could protect against cervical cancer. Merck’s message was that cervical cancer is a real-life killer of young women, notwithstanding the fact that the average age for the development of cervical cancer is 50 years old, and the cancer is virtually nonexistent in women under 20. Merck also attempted to make the Gardasil vaccine mandatory for all school children by using scare tactics and providing financial incentives to legislatures. Merck mobilized dozens of “pay to play” lobby groups, like the National Association of County and City Health Officials and Women in Government, to push for HPV vaccine mandates. Merck made large contributions to political campaigns and legislative organizations to push its agenda, and several states passed laws allowing preteen children as young as age 12 to “consent” to vaccination with an HPV vaccine without parental consent or knowledge. ### Implications of Merck’s Obsession to Milk Gardasil Profits It is no secret that the world we live in is driven by profit. Merck is the game to make money and that is to be expected, right? But there are varying degrees of profit-driven motives among pharmaceutical companies. Some prioritize profits over all else, including safety and patient well-being. Others place a greater emphasis on ethical considerations and the greater good, while still maintaining a healthy bottom line. Merck has shown us time and again they are on the high end of the food chain (to put it charitably) in passion to obtain massive profits. When a company is so clearly profit-driven, it can be hard to trust its scientific credibility or feel comfortable that they are telling you everything you need to know. This is because the profit motive can sometimes cloud judgment and result in biased reporting of scientific data. Everyone agrees that pharmaceutical companies are sometimes prone to present only positive results from a clinical trial of their product, while downplaying or ignoring negative results. Merck likely accuses plaintiffs’ lawyers of believing Gardasil causes every infirmity that has ever affected the human race. I get that. I’m about to put out a list of possible harm that Gardasil may cause. Many of these may be proven wrong (or at least never proven right). But the point is Merck holds most of the cards on the harms Gardasil could cause and it is reasonable not to trust them to conduct studies and interpret data as fairly as they would if it was not so driven by profit ## **Gardasil Can Induce or Increase the Risk of Auto-Immune Diseases** To get Gardasil approved by the FDA, Merck allegedly manipulated its clinical trials to conceal risks and falsely enhance the safety profile of the vaccine. Now we are begging to realize why Merck did this. In the years since Gardasil was released, medical research revealed that Gardasil could induce autoimmune disorders in a certain percentage of patients. Various scientific studies have linked Gardasil to the following autoimmune diseases: Guillain–Barré syndrome | Orthostatic Intolerance ---|--- Small Fiber Neuropathy | Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Systemic Lupus Erythematosus | Multiple Sclerosis Autoimmune Pancreatitis | Autoimmune Hepatitis **** Gardasil has also been connected to a host of other health conditions that are closely linked to autoimmune conditions. These include fibromyalgia, dysautonomia, chronic fatigue syndrome, chronic regional pain syndrome, encephalitis syndrome, autonomic dysfunction, and joint pain. ### Gardasil Linked to Premature Ovarian Failure Premature Ovarian Failure (POF), also known as premature ovarian insufficiency or early menopause, is one of the most serious autoimmune disorders that can be caused by the Gardasil HPV vaccine. Premature ovarian failure is also known as primary ovarian insufficiency. This condition occurs when an abnormal autoimmune response causes a woman’s immune system to target the egg-producing tissue in her ovaries. This causes the ovaries to stop releasing viable eggs. With Premature Ovarian Failure, a woman’s ovaries stop functioning normally before the age of 40, which can lead to infertility. POF can occur due to a variety of reasons such as genetics, autoimmune disorders, chemotherapy, radiation therapy, and infections. However, some studies suggest a possible link between POF and certain vaccines, including the human papillomavirus (HPV) vaccine. Several studies have identified premature ovary failure as an autoimmune condition associated with adverse reactions to the HPV vaccine. #### 2014 Article An article titled “Adolescent Premature Ovarian Insufficiency Following Human Papillomavirus Vaccination: A Case Series Seen in General Practice” in the Journal of Investigative Medicine High Impact Case Reports, describes three cases of premature ovarian insufficiency in young women aged 16 to 18 years who had received the quadrivalent human papillomavirus (HPV) vaccine. The authors note that the long-term effects of vaccination on ovarian function and durability have not been studied in preclinical, clinical, or post-licensure studies. Of course, this was just three girls and it could have been a coincidence. But for some, that was the first time people learned that this much-ballyhooed vaccine had never been tested for its impact on human fertility. #### 2020 and 2022 Studies A study published in 2020 was the first to find an association between premature ovarian failure and the Gardasil vaccine based on a disproportionate number of adverse vaccine event reports. This finding was subsequently confirmed in another study published in March 2022 in _Drugs Real World Outcomes_. What is the mechanism of injury that could lead to the HPV vaccine causing premature ovarian failure? No one knows for sure. But it could be caused by premature ovarian failure due to the aluminum content that can destroy the maturation process of the eggs in the ovaries. #### Fertility Rates The introduction of the Gardasil vaccine in 2006 coincided with a significant decrease in fertility among American women. This is particularly evident in teen pregnancy statistics, which have reduced by more than 50% since 2007. The total fertility rate for the United States in 2017 has also dropped below what is required for the population to replace itself, according to a report by the National Center of Health Statistics. The rate for women between the ages of 15 and 44 has also declined by 2% between 2017 and 2018. Could there be other causes? Sure. ### **Gardasil Lawsuit** The emerging scientific evidence establishing the connection between Gardasil HPV vaccines and autoimmune health conditions has led to a growing wave of Gardasil HPV lawsuits against Merck. The first few Gardasil lawsuits started getting filed in the second half of 2020. The volume of Gardasil cases increased slowly but steadily throughout 2021. But more victims are filing a Gardasil vaccine lawsuit as awareness of the issues with Gardasil emerges from both victims and Gardasil HPV vaccine lawyers are starting to see the potential size of these claims. The plaintiffs in the Gardasil lawsuits are women (and some men) who received Gardasil vaccinations and subsequently developed autoimmune diseases and other serious health conditions linked to Gardasil such as postural orthostatic tachycardia syndrome (“POTS”). The HPV Gardasil vaccine side effects lawsuits allege that Merck fraudulently concealed evidence about the health risks of the vaccine while at the same time misrepresenting that Gardasil could prevent cervical cancer. The tort claims being asserted against Merck in the Gardasil lawsuits include traditional product liability tort claims such as failure to warn, manufacturing defect, and negligence. They also include fraud claims that are not commonly seen in product liability cases. ### Gardasil Lawsuit and the National Vaccine Injury Compensation Program A Gardasil lawsuit in the District of Nevada was recently dismissed – mostly without prejudice, which means it can be refiled. The judge found that the plaintiff’s claims were “partially” preempted under the National Vaccine Injury Compensation Program. The Vaccine Act is a law that says vaccine manufacturers cannot be sued for certain types of claims, including design defect claims and some failure to warn claims. The purpose of the Act is to make it hard to sue vaccine manufacturers even when they screw up to keep vaccine prices stable and to encourage manufacturers to make vaccines. Negligence claims are allowed. In _Flores v. Merck & Co._, a Nevada schoolteacher filed a Gardasil lawsuit alleging she has never been the same since taking the HPV vaccine at age 14. Specifically, she believes she developed postural orthostatic tachycardia syndrome (“POTS”), as a result of receiving Merck’s HPV vaccine. POTS is an injury that is a definite focus of this litigation. Merck filed a motion to dismiss. The judge found that the plaintiff did not plead in her lawsuit a viable negligence claim. The court ruled her Gardasil lawsuit was just a design defect claim that was barred under the Vaccine Act. So the plaintiff’s failure to warn claim, as worded in her Gardasil vaccine lawsuit, was also held to be barred under the Vaccine Act. Despite the dismissal of all the plaintiff’s claims, this Gardasil lawsuit is not over. The plaintiff’s primary claims were dismissed “without prejudice,” meaning that the plaintiff and her lawyers get a chance to “try again” by filing an amended complaint restating the claims. The amended complaint will need to reshape the negligence claim to make it clear that it is not based on any alleged defect design of the Gardasil vaccine. The failure to warn claim also needs to be reshaped to clarify the allegations that Merck failed to warn the plaintiff’s medical providers about specific risks associated with the Gardasil vaccine. The plaintiff’s Gardasil lawyer has already filed a new lawsuit. Merck has filed an 18-page motion to dismiss the claim. The motion argues, among other things, that the Vaccine Act “explicitly protects vaccine manufacturers from liability ‘for damages arising from a vaccine-related injury that is ‘associated with the administration of a vaccine due to the ‘drugmaker’s failure to provide direct warnings….'” The point of all this is that Gardasil lawyers have some work to do to get these cases past the Vaccine Act. But with the new Gardasil vaccine side effects class action lawsuit becoming an MDL, these concerns have been alleviated to some degree. Still, it will take refinement of how these Gardasil lawsuits are pled to avoid preemption under the Vaccine Act. This case will be closely watched as the Gardasil side effects litigation progresses.

Gardasil HPV Vaccine Lawsuit Our lawyers are helping victims who want to bring a Gardasil HVP vaccine lawsuit throughout the United States. Our law firm is particularly focused on ovarian failure...

#Mass #Torts

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A Teen Killed Himself After Talking to a Chatbot. His Mom's Lawsuit Could Cripple the AI Industry. The Orlando Division of the U.S. District Court for the Middle District of Florida will hear allegations against Character Technologies, the creator of Character.AI, in the wrongful death lawsuit _Garcia v. Character Technologies, Inc_. If the case is not first settled between the parties, Judge Anne Conway's ruling will set a major precedent for First Amendment protections afforded to artificial intelligence and the liability of AI companies for damages their models may cause. The case was brought against the company by Megan Garcia, the mother of 14-year-old Sewell Setzer III, who killed himself after conversing with a Character.AI chatbot roleplaying as Daenerys and Rhaenyra Targaryen from the Game of Thrones franchise. Eugene Volokh, professor emeritus at UCLA School of Law, shares examples of Sewell's conversations included in the complaint against Character Technologies. Garcia's complaint alleges that Character Technologies negligently designed Character.AI "as a sexualized product that would deceive minor customers and engage in explicit and abusive acts with them." The complaint also asserts that the company failed to warn the public "of the dangers arising from a foreseeable use of C.AI, including specific dangers for children"; intentionally inflicted emotional distress on Sewell by "failing to implement adequate safety guardrails in the Character.AI product before launching it into the marketplace"; and that the company's neglect proximately caused the death of Sewell who experienced "rapid mental health decline after he began using C.AI" and with which he conversed "just moments before his death." Conway dismissed the intentional infliction of emotional distress claim on the grounds that "none of the allegations relating to Defendants' conduct rises to the type of outrageous conduct necessary to support" such a claim. However, Conway rejected the defendants' motions to dismiss the rest of Garcia's claims on First Amendment grounds, saying, "The Court is not prepared to hold that the Character A.I. [large language model] LLM's output is speech at this stage." Adam Zayed, founder and managing attorney of Zayed Law Offices, tells _Reason_ he thinks "that there's a difference between the First Amendment arguments where a child is on social media or a child is on YouTube" and bypasses the age-verification measures to consume content "that's being produced by some other person" vs. minors accessing inappropriate chatbot outputs. However, Conway recognized Justice Antonin Scalia's opinion in _Citizens United v. Federal Election Commission_ (2010) that the First Amendment "is written in terms of 'speech,' not speakers." Conway ruled that defendants "must convince the court that the Character A.I. LLM's output is protected speech" to invoke the First Amendment rights of third parties—Character.AI users—whose access to the software would be restricted by a ruling in Garcia's favor. Conway says that Character Technologies "fail[ed] to articulate why words strung together by an LLM are speech." Whether LLM output is speech is an intractable philosophical question and a red herring; Conway herself invokes _Davidson v. Time Inc._ (1997) to assert that "the public…has the right to access social, aesthetic, moral, and other ideas and experiences _._ " Speech acts are broadly construed as "ideas and experiences" here—the word _speech_ is not even used. So, the question isn't whether the AI output is speech per se, but whether it communicates ideas and experiences to users. In alleging that Character.AI targeted her son with sexually explicit material, the plaintiff admits that the LLM communicated ideas, albeit inappropriate ones, to Sewell. Therefore, LLM output is expressive speech (in this case, it's obscene speech to express to a minor under the Florida Computer Pornography and Child Exploitation Prevention Act.) The opening paragraph of the complaint accuses Character Technologies of "launching their systems without adequate safety features, and with knowledge of potential dangers" to "gain a competitive foothold in the market." If the court establishes that the First Amendment does not protect LLM output and AI firms can be held liable for damages these models cause, only highly capitalized firms will be able to invest in the architecture required to shield themselves from such liability. Such a ruling would inadvertently erect a massive barrier to entry to the burgeoning American AI industry and protect incumbent firms from market competition, which would harm consumer welfare. Jane Bambauer, professor of law at the University of Florida, best explains the case in _The_ _Volokh Conspiracy_ : "It is a tragedy, and it would not have happened if Character.AI had not existed. But that is not enough of a reason to saddle a promising industry with the duty to keep all people safe from their own expressive explorations."

A Teen Killed Himself After Talking to a Chatbot. His Mom's Lawsuit Could Cripple the AI Indu...


#Artificial #Intelligence #Technology #First #Amendment #Information #Technology #Torts

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