J&J has Talcum Powder Lawsuit Mistrial Bid Denied
The judge presiding over the third Johnson & Johnson's baby powder lawsuit trial of the year denied the defendant's request for a mistrial a week into the proceedings.
Friday, October 21, 2016 - Only a week into the third talcum powder ovarian cancer lawsuit trial of the year before the City of St. Louis Circuit Court, the judge presiding over the hearing had to reject a motion for mistrial pursued by Johnson & Johnson. The motions both for mistrial and to transfer venues were filed by the defendants just a day after the proceedings began by talcum powder cancer attorneys representing Johnson & Johnson. The health care company wants nothing to do with the third baby powder lawsuit trial before the City of St. Louis Circuit Court this year, after the first two awarded the plaintiffs a combined $127 million in damages.
Johnson & Johnson already attempted to have the trial removed to federal court, a motion that was denied on September 21. The trial began five days later on the 26th, and the continued attempts to block the proceedings followed on September 27. After Missouri Circuit Court Judge Rex Burlison denied the first attempt for mistrial and transfer on October 4, Johnson & Johnson refiled for mistrial and a venue change. These motions were finally denied by judge Burlison on October 13, and the trial resumed its proceedings on October 18.
The repeated attempts by Johnson & Johnson could signal worry on their side about the outcome of the talcum powder cancer lawsuit trial. Another big loss similar to the first two that already took place in 2016 could send the company hurtling toward a lump sum settlement to resolve the more than 1,2000 baby powder lawsuits currently pending against them nation wide. It is likely in the best interest of Johnson & Johnson for their talcum powder attorneys to attempt to thwart the progression of this trial as often as they can, but it seems as if all their avenues for a mistrial or a venue change have been exhausted.
The plaintiff, Deborah Giannecchinni, claims that Johnson & Johnson's failure to warn her of the connection between their talcum powder products and ovarian cancer contributed to her being diagnosed with the disease. Given that the company allegedly knew of the carcinogenic risks involved with their popular cosmetic and that there were alternative products on the market that didn't pose any cancer risk, Giannecchinni claims that she may not have contracted ovarian cancer at all if Johnson & Johnson had warned consumers of the risk.
More than 20 medical studies back up Giannecchinni's claim, who is one of the lucky plaintiffs who have filed Johnson & Johnson's baby powder lawsuit before she died. The first trial before the City of St. Louis Circuit Court was filed by a woman who died just months before the proceedings and had to give her testimony via a recorded tape. Giannecchinni will be able to testify against Johnson & Johnson on her own behalf.
The trial is expected to take at least a week or two from now to resolve. The first two trials before this court took less than a month to complete, but the repeated attempts for mistrial and venue change already have this trial stretched out to three weeks since it began on September 27. No matter the outcome, the verdict in this baby powder cancer lawsuit will have a significant impact on the future of the growing number of claims that have and will be filed around the nation.
OnderLaw, LLC -