Early Developments From Baby Powder Lawsuit Trial
The beginning of the third talcum powder ovarian cancer trial in St. Louis this year began with statements from both sides outlining their arguments to be made over the course of the proceedings.
Monday, October 10, 2016 - The third Johnson & Johnso's talcum powder ovarian cancer lawsuit trial of 2016 is nearly one week in, with both sides laying out the main points of their arguments over the plaintiff's claim that the health care company failed to warn consumers of a connection between their baby powder products and ovarian cancer. The first two trials this year both came back with verdicts in favor of the plaintiffs, awarding them $127 million in total. Some legal experts say that a third similar judgment could spell doom for Johnson & Johnson and lead to a lump sum settlement for the more than 1,200 talcum powder ovarian cancer lawsuits currently pending nationwide.
Johnson & Johnson, who is on the defense in the talcum powder lawsuit trial, opened by telling the jury that talcum powder is not causing ovarian cancer. The baby powder attorney pointed out that talcum powder is found in a host of everyday products such as chewing gum and Advil. These assertions however do not explain away the more than 20 medical studies that have found talcum powder and ovarian cancer to be associated with one another, or the fact that talcum powder only becomes carcinogenic when used by women as a genital hygienic.
The talcum powder attorneys representing the plaintiff in the case claim that Johnson & Johnson not only were aware of the ovarian cancer link that had been published in medical studies, but that they actively decide against warning consumers of that link over fears that it would hurt the cosmetic's marketability. The plaintiff's side also noted that she had to have her ovaries and spleen removed as a result of the cancer she contracted, as well as part of her stomach
The trial could last up to a whole month before resolving, though neither of the first two went longer than a couple weeks. This talcum powder cancer lawsuit trial is being heard before the City of St. Louis Circuit Court, the same venue where the first two trials took place. Most of the talcum powder ovarian cancer lawsuits currently filed across the country are based in or near St. Louis, and in tandem with New Jersey, it is widely considered the hub of talcum powder legal proceedings.
In addition to the trial currently taking place in St. Louis, earlier in October the Judicial Panel on Multidistrict Litigation approved a motion to transfer federal talcum powder lawsuits into multidistrict litigation. The development is not necessarily a bad result for the defendants, as Johnson & Johnson supported the decision and even had they litigation centralized in their preferred district in New Jersey, where the company is headquartered. However, the consolidation does speak to the volume and significance the lawsuits have taken on nationwide, and it is likely that all the current and future plaintiffs and their talcum powder lawyers are keeping a close eye on the outcome of the current trial taking place before the City of St. Louis Circuit Court.