Baby Powder Lawsuit MDL Joint Agenda Filed
The joint agenda for the talcum powder lawsuit MDL was filed on February 17.
Saturday, March 25, 2017 - A joint agenda for the talcum powder ovarian cancer lawsuits in multidistrict litigation was filed on February 17, laying out the positions of both sides, new materials in discovery, and overall setting out a road map for the way in which preliminary proceedings will take place. Both sides reiterated their stance regarding the allegations lawyers representing the plaintiffs have made against Johnson & Johnson, and updates to state litigative proceedings were included in the joint agenda.
The main allegations in the Johnson & Johnson's baby powder lawsuits stem from plaintiffs who claim that the company had been aware of the cancer links to its popular cosmetic product talcum powder but failed to warn consumers of the research and risk associated with their products. Johnson & Johnson claims that the company has done nothing wrong and that the science behind the claims that the plaintiffs have been making is not definitive.
The plaintiffs have assembled more than 20 medical studies in their talcum powder ovarian cancer lawsuits which detail the exact method by which scientists believe talcum powder can lead to ovarian cancer. The main argument hinges on the application of talcum powder as a female genital hygienic, as that is how the talc particles enter the body. After that point, the baby powder lawsuits explain that the talc particles then migrate up the fallopian tubes and become embedded in the ovaries, where they can cause swelling and cell agitation that leads to an increased risk for ovarian cancer.
The studies outlining this process have been published in medical journals and reached the pages of newspapers nationwide. In addition to the studies, the talcum powder cancer attorneys representing the plaintiffs have made a discovery of internal documents from Johnson & Johnson proving that the company was warned by a doctor on its payroll in the mid-1990s that a large amount of research was being conducted into whether talcum powder had a link to ovarian cancer. The evidence has become an important piece of the plaintiff's case in the talcum powder lawsuits, with jurists claiming that it alone has swayed their vote on the verdict.
The joint agenda was filed for the multidistrict litigation related to the talcum powder lawsuits. There are currently more than 4,000 talcum powder lawsuits currently pending nationwide, with a large amount of them either in or heading to the New Jersey MDL. The MDL process exists to help expedite the proceedings for litigation with a large number of lawsuits that share similar questions of fact. The talcum powder cancer lawsuits were consolidated into multidistrict litigation in October, and the number of claims have been growing ever since.
The joint agenda is just one of a number of preliminary actions that need to happen before the bellwether trials for the MDL can get underway. There is no great rush to get through to the bellwethers however as there are a number of trials scheduled and taking place around the country. The bellwether trials in the MDL could be needed later though to help determine the overall results for the more than 4,000 Johnson & Johnson's baby powder lawsuits currently pending around the country.