Talcum Powder Attorneys Given MDL Leadership Roles
A number of the Johnson & Johnson's baby powder lawyers involved with the MDL related to the lawsuits have been named to an array of leadership roles within the multidistrict litigation.
Monday, December 12, 2016 - The multidistrict litigation involving talcum powder cancer lawsuits is well underway, with a number of talcum powder cancer attorneys recently being appointed to leadership positions within the MDL. The process to place the co-lead counsel, the liaison counsel, four members of the Plaintiff's Executive Committee and the Plaintiff's Steering Committee ended with an order issued by Judge Freda L. Wolfson that set all the positions. The December 6 order came down just over two months after the MDL was transferred.
The MDL, which was consolidated before the U.S. District Court for the District of New Jersey on October 4, covers the allegations that Johnson & Johnson did not warn consumers of the ovarian cancer risk associated with their talcum powder products. Plaintiffs have alleged that the company put its own financial well being and the Johnson & Johnson baby powder brand ahead of the health and safety of the women who trusted the drug to safety support genital hygiene. Messages were sent via marketing campaigns to promote the use of the product for this exact purpose, and made no mention of at least 20 medical studies that have discovered links between talcum powder and an increased risk for ovarian cancer.
The MDL was created to help streamline the process of dealing with more than 2,000 Johnson & Johnson's baby powder lawsuits currently pending around the country. The defense and most of the plaintiffs supported consolidation, with Johnson & Johnson receiving their top choice of New Jersey for the site of the transfer. Federal talcum powder lawsuits have been flowing into the MDL since it was created, and Johnson & Johnson is looking to begin the bellwether process as soon as possible.
Three talcum powder cancer lawsuits have made it to trial in 2016, with the juries penalizing Johnson & Johnson a total of roughly $195 million in compensatory and punitive damages. Talcum powder attorneys representing the plaintiffs have presented evidence detailing internal Johnson & Johnson correspondence acknowledging their awareness of the talcum powder ovarian cancer medical studies that suggest a carcinogenic link. The talcum powder lawsuits also point to the evidence found in the published studies done on the subject, some of which put the increased risk of contracting ovarian cancer after using talcum powder for genital hygiene at more than 30 percent.
The MDL will assist Johnson & Johnson's talcum powder lawyers on both sides in the discovery process and make for more efficient pretrial motions and proceedings as lawsuits continue to join the docket. There has been no indication that Johnson & Johnson is nearing lump sum settlement as an option to resolve the litigation, despite the three notable losses the defendants took this year. The MDL process will likely make it to the bellwether process and hear trials before the U.S. District Court for the District of New Jersey. It is unknown whether those will turn out any better for Johnson & Johnson, but the company seems poised to fight the talcum powder ovarian cancer lawsuits filed against it for the long haul.