N.J. Judge Dismisses Two Baby Powder Lawsuits

In a big win for Johnson & Johnson, a New Jersey judge dismissed a pair of talcum powder lawsuits set for October trials after questioning the validity of expert testimony on their behalf.

Wednesday, September 7, 2016 - A judge in New Jersey has thrown out a pair of talcum powder cancer lawsuits, the first big win for Johnson & Johnson in a while in the nationwide litigation. More than 1,200 talcum powder ovarian cancer lawsuits are currently pending around the country, with most filed in the federal court system. New Jersey however is where Johnson & Johnson is headquartered, and the defendants preferred the potential transfer of federal lawsuits into an MDL to be centralized in a New Jersey U.S. district court.

The judge dismissed the case after deeming the testimony of experts brought forth by talcum powder attorneys representing the plaintiffs was not sufficient for the claims to proceed to trial. The judge also ruled that there were a number of shortcomings in the arguments made that undermined the claims legitimacy in the eyes of the court. This is a large development in the world of talcum powder lawsuits, where plaintiffs had been netting win after win this year.

A pair of Johnson & Johnson talcum powder cancer lawsuit trials were resolved with huge awards for the plaintiffs earlier in 2016. The first, which concluded in February, awarded the plaintiff $72 million, while the second, which concluded in May, awarded the plaintiff $55 million. Many talcum powder ovarian cancer lawyers opined that the nationwide litigation may be nearing a lump sum settlement following the major decisions. However after the dismissal of the New Jersey suits, especially because of its focus on expert testimony, that tide may be turning in favor of the defendants.

Both of the Johnson & Johnson's baby powder cancer lawsuits were scheduled to begin trials in October, which after the dismissal will not take place. Johnson & Johnson will still be involved in one talcum powder cancer lawsuit trial scheduled to take place in September, but the impact of the two tossed claims most likely have the defendants feeling better about their chances going into that suit.

The science behind the claims that regular, genital talcum powder use can contribute to an increased risk of ovarian cancer in women has been a central argument over the life of the litigation. The plaintiffs have over 20 medical studies on their side that have established a correlation between talcum powder and ovarian cancer. However, baby powder lawyers representing Johnson & Johnson have presented their own studies that dispute any correlation between the disease and the popular cosmetic. The defendants claim that there is not enough evidence in the studies brought forth by the plaintiffs to create a causal relationship between talcum powder and ovarian cancer.

The two plaintiffs that had their claims thrown out are planning to file an appeal. There are more than 200 talcum powder lawsuits currently filed in multicounty litigation in New Jersey, though most of the claims around the country are being heard in St. Louis. There are still multiple trials to take place this year, and this decision could impact the weight of the arguments the defense can make in reference to legal precedents regarding the legitimacy of the plaintiffs' studies.

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