Dismissed Talcum Powder Lawsuit Challenged By J&J

A plaintiff that filed Johnson & Johnson's baby powder lawsuit is battling J&J over their granted request for a dismissal.

Thursday, June 16, 2016 - A plaintiff that had a motion granted for the dismissal of a talcum powder ovarian cancer lawsuit has been in appeals proceedings after the defendant Johnson & Johnson accused the party of forum shopping. The defendant claims that the plaintiff is attempting to seek a court that would be more favorable to their allegations that Johnson & Johnson's baby powder products contributed to the development of ovarian cancer. The case is currently being heard before the 8th Circuit U.S. Court of Appeals.

The case mirrors the claims made in more than 1,000 Johnson & Johnson's baby powder lawsuits currently pending nationwide. The plaintiff Shawn is represented by her husband Michael after she passed away from ovarian cancer in 2011. Following decades of research that has linked ovarian cancer to a prolonged genital use of talcum powder, Michael Blaes claims that Johnson & Johnson's baby powder contributed to his wife's contraction of the disease. Given the amount of research and how long it has been available, the talcum powder cancer lawsuit claims that Johnson & Johnson should have warned its consumers of the cancer risk and its failure to do so entitles those affected by the ovarian cancer consequences are entitled to damages.

Johnson & Johnson has been hit with huge damages recently because of talcum powder lawsuits like this one that went to trial before the City of St. Louis Circuit Court in 2016. Two baby powder cancer lawsuits that reached jury verdicts in 2016 have combined to rack up $127 million in damages against Johnson & Johnson, with the juries finding in overwhelming favor of the plaintiffs in both cases. The larger award of the two, $72 million granted in February, was given to a plaintiff represented by her family after she had passed away from ovarian cancer. The Blaes estate is likely seeking a similar amount from their talcum powder ovarian cancer lawsuits, and Johnson & Johnson claims that the plaintiff is intentionally dismissing their current baby powder cancer lawsuit to seek a better chance at winning that money in another venue.

It is yet to be seen whether that request will stand up in the court of appeals. The original court before which the dismissal request was made by the plaintiffs granted their motion for dismissal. Johnson & Johnson however claim that the court did not look into the possibility that the plaintiff may have been forum shopping, and in doing so looked over a potentially illegal motive powering their dismissal request.

Talcum powder lawyers all over the country are currently investigating potential plaintiffs making similar claims against Johnson & Johnson. Johnson & Johnson's baby powder ovarian cancer lawsuits have also begun to take an international interest, with the first Canadian lawsuit filed in May. The health care giant continues to insist that the research it relies on proves there is no correlation between talcum powder and ovarian cancer. However, moves such as fighting the dismissal of a single plaintiff's talcum powder lawsuit may reflect a growing concern in the company over the impact the more than 1,000 lawsuits could eventually have on their pocketbooks and public image.

Information provided by TalcumPowderCancerLawsuit.com, a website devoted to providing news about talcum powder ovarian cancer lawsuits, as well as medical research and findings.