JPML To Hear Oral Arguments on Nutek Baby Wipes Lawsuits March 26

The U.S. Judicial Panel on Multidistrict Litigation (JPML) is scheduled to hear oral arguments later this month over whether to centralize and consolidate a growing number of Nutek baby wipe lawsuits filed over a risk of bacterial infections that surfaced last year.

Amid a growing number of class action lawsuits filed since a Nutek baby wipe recall issued in October 2014, a motion was filed by the manufacturers, seeking to transfer cases pending in U.S. District Courts throughout the country to one judge for coordinated pretrial proceedings.

Nutek Disposables, Inc. and First Quality Enterprises, Inc. requested that the cases be transferred to the U.S. District Court for the Eastern District of New York for coordinated pretrial proceedings, in an attempt to reduce duplicative discovery into common issues raised in the cases, avoid conflicting rulings by different judges and to serve the convenience of the parties, witnesses and the courts.

According to a Notice of Hearing Session (PDF) posted by the U.S. JPML, the request will be considered during an upcoming hearing set for Thursday, March 26 at the James M. Carter and Judith N. Keep U.S. Courthouse in San Diego, California.

At least seven different Nutek baby wipe class action lawsuits have been filed as a result of the recall, involving problems associated with products sold under a number of different labels and through a number of different stores throughout the U.S.

At the time of the recall, microbial testing revealed that the wipes were contaminated with the bacteria Burkholdera cepacia, which can cause irritation and rashes.

The manufacturer warned that the contaminated baby wipes posed a particular threat, since infants generally have a weakened immune systems. However, the products may also pose a risk for individuals with chronic lung disease, due to the side effects Burkholderia cepacia infections cause, which include rashes, irritation, infections, fever, gastro-intestinal issues, and respiratory issues.

The bacterium does not necessarily cause a deadly infection, but can be difficult to treat because it is composed of at least 18 different species and can be resistant to many common antibiotics, making medical treatment a case-by-case determination.

The wipes were sold under a number of labels and through a number of stores, including Walgreen’s, Sam’s Club, Family Dollar, Fred’s and Diapers.com. They were sold under the brand names Cuties, Diapers.com, Femtex, Fred’s, Kidgets, Member’s Mark, Simply Right, Sunny Smiles, Tender Touch and Well Beginnings.

All of the claims involve allegations that the manufacturer sold and distributed contaminated baby wipes, resulting in injuries to plaintiffs or their infants. A number of the companies that distributed the wipes are also named as defendants in some claims.