J&J Seeks Venue Change For Talcum Powder Lawsuits
In the face of more than 2,000 talcum powder ovarian cancer lawsuits nationwide and a series of multi-million dollar court losses, Johnson & Johnson is attempting to force a change of venue via the Missouri Court of Appeals.
Friday, November 4, 2016 - Following three baby powder lawsuit trials that awarded plaintiffs nearly $200 million combined, Johnson & Johnson is pursuing a change of venue to move claims out of St. Louis. All three of the 2016 talcum powder lawsuits that went to trial were heard before the City of St. Louis Circuit Court, and the defendants believe that the jury pool for these proceedings were compromised because of the amount of negative media coverage in the area connected to talcum powder's connection with ovarian cancer. The push for a change of venue has already been struck down by a Missouri judge, and Johnson & Johnson is currently appealing that decision before the Missouri Court of Appeals.
The defendants believe that aside from the evidence and testimony building against Johnson & Johnson, a change in venue will help push their arguments over the top. The company's talcum powder attorneys claim that given neither Johnson & Johnson or most of the plaintiffs have ties to Missouri, that the venue is unfit to hear the baby powder cancer lawsuits. Some in the legal world however see this as an attempt for Johnson & Johnson to simply move these claims out of St. Louis, where courts have historically been tough on defendants in corporate malfeasance litigation.
There is a divide in the legal world over whether Johnson & Johnson should continue to fight the talcum powder cancer lawsuits in court, as opposed to simply settling the outstanding claims. While there is a possibility that a few decisions in their favor could swing the momentum away from the plaintiffs, the precedent that has already been set with the three 2016 trials awarding plaintiffs nearly $200 million will likely make it difficult for Johnson & Johnson to push future cases the opposite way. In addition to that, future court battles will likely prove more costly than a lump sum settlement if Johnson & Johnson's baby powder cancer lawyers continue to lose claims that make it to trial.
Johnson & Johnson's baby powder attorneys around the country have been representing plaintiffs who claim that the health care company's popular talcum powder products did not warn their consumers about their medically researched link to ovarian cancer. More than 20 studies published over the past five decades have discovered a link between talcum powder and ovarian cancer, with some finding an increased risk of more than 30 percent or women who used the products for genital hygiene.
The three Johnson & Johnson's baby powder lawsuits that have gone to trial this year were awarded the plaintiffs $72 million, $55 million and $70 million by juries that needed 9 of 12 members approval to hand down the verdict. A majority of the nationwide talcum powder ovarian cancer lawsuits are filed in St. Louis where these trials took place and given the track record of rulings coming down in the plaintiff's favor, Johnson & Johnson may have to consider a lump sum settlement for the litigation if the Missouri Court of Appeals ultimately rejects their motion for a venue change.