Mass tort litigation in September 2026 remains dominated by large federal multidistrict litigations, while new device cases await centralization and federal agencies have issued important product-safety notices. A mass tort is a group of individual injury claims involving a similar product or event; an MDL, or multidistrict litigation, coordinates pretrial proceedings without merging each person's case into one lawsuit. The month's key developments include the size of existing MDLs, proposed spinal-cord-stimulator MDLs, a withdrawn foodborne-outbreak centralization request, and recalls involving sleep-therapy devices and epinephrine injections.
Table of Contents
- Which mass tort MDLs are largest?
- What new device MDLs are being considered?
- What changed in foodborne-outbreak litigation?
- What does the GLP-1 filing show?
- Which agency notices matter now?
Which mass tort MDLs are largest?
The Johnson & Johnson talcum-powder MDL had 69,250 pending actions as of September 1, making it the largest active federal MDL listed by the Judicial Panel on Multidistrict Litigation. The same JPML report lists Bard hernia mesh with 23,316 pending actions, AFFF firefighting foam with 15,264, hair relaxer products with 12,129, and proton-pump inhibitors with 11,404.
The JPML's September 1 pending-docket report provides those counts. A pending-action count shows the scale of coordinated litigation, not a settlement amount, injury finding, or payment eligibility. People following a mass tort should identify the specific MDL, product, and alleged injury before treating docket size as relevant to their own situation.
What new device MDLs are being considered?
The JPML scheduled September 24 oral argument on plaintiffs' request to centralize product-liability cases involving Abbott spinal-cord stimulators. Centralization was still requested rather than granted when the hearing schedule issued. The same hearing session includes plaintiffs' request to centralize Nevro spinal-cord-stimulator cases filed in California, Colorado, Maryland, New Mexico, Ohio, and South Carolina.
The JPML's September hearing schedule identifies both proposed proceedings. A JPML hearing addresses whether related federal cases should share coordinated pretrial management. It does not decide whether a manufacturer is liable or whether an individual claimant will recover compensation.
What changed in foodborne-outbreak litigation?
The proposed 2026 multistate cyclosporiasis-outbreak MDL did not proceed to the September hearing. The JPML deemed the centralization motion withdrawn and vacated the hearing.
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The proposal had covered 14 actions involving Taylor Fresh Foods, Taco Bell entities, and franchisees. The JPML's withdrawal order concerns centralization procedure, not a resolution of the underlying individual claims.
What does the GLP-1 filing show?
The established GLP-1 receptor-agonist products-liability MDL had 4,022 pending actions on September 1. Novo Nordisk also sought transfer of a new North Carolina action into that existing MDL.
For readers considering any mass-tort claim, an MDL transfer request is a case-management development. Keep medical records, product or prescription information, and documents showing dates of use; those records help establish whether a particular filing concerns the same product and claimed injury.
Which agency notices matter now?
FDA posted a Class I recall for up to 196 uncorrected Luna G3 APAP sleep-therapy devices. The agency stated that firmware can cause shutdown and failure to deliver therapy, while BMC had received no complaints or serious adverse reports tied to that failure. The FDA's Luna G3 recall notice identifies the affected model and firmware issue. FDA also posted American Regent's nationwide voluntary recall of three epinephrine-injection lots after complaints of leaking and cracked vials and findings of particulate matter.
The notice warns that intravenous use may cause severe injury or death and states that no adverse events had been reported at the time of the notice. The FDA's epinephrine recall notice provides lot-specific recall information. A recall is a safety action, not proof of a mass tort or a guarantee of compensation. People who use either product should check the FDA notice and contact the dispensing pharmacy, supplier, or treating clinician for product-specific instructions.
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