Friday, September 1, 2017 - Several talcum powder lawsuits against Johnson & Johnson were concluded this summer. Not all of them resulted in compensation for the plaintiff, yet talcum powder attorneys continue to feel confident in the strength of these cases. Approximately 2,000 talcum powder lawsuits for ovarian cancer have been filed around the United States, and only a handful have been resolved as yet.
The summer started with an event which could be construed as negative for plaintiffs in talcum powder lawsuits: the sixth talcum powder ovarian cancer lawsuit against Johnson & Johnson ended abruptly when the St. Louis Circuit Judge Rex Burlison declared a mistrial. Yet plaintiffs were not deterred, as a statement issued by the court offered hope to their plight.
The mistrial, which was declared two weeks into a baby powder cancer lawsuit trial projected to last six weeks, was prompted by a ruling handed down by the U.S. Supreme Court. The ruling was in reference to a separate case, filed against the drug company Bristol-Myers Squibb for alleged injuries related to the blood-thinning medication Plavix. Essentially, the Supreme Court ruled that a case could only be tried in a specific state if there was a clear reason for choosing that venue - in particular, if the plaintiff originated from that state, or the alleged wrongdoing had occurred in that state.
The establishment of general versus specific jurisdiction is relevant to talcum powder ovarian cancer lawsuits because plaintiffs from around the United States have filed baby powder lawsuits against Johnson & Johnson in St. Louis. Based on the Supreme Court ruling, plaintiffs may now be tasked with proving that alleged wrongdoing occurred in the state of Missouri. Aware that this new ruling could cause a lengthy delay in the current talcum powder cancer lawsuit trial, Judge Burlison issued a mistrial to relieve jurors of their duty while the facts of specific jurisdiction were established.
The plaintiff‘s counsel asserts that Johnson & Johnson exclusively bottled its talc-based Shower-to-Shower product in the state of Missouri. Having received shipments of raw talc from the mining company Imerys Talc America, which were accompanied by a MSDS Ovarian Cancer Warning. The raw material was allegedly combined with fragrance and bottled in the state of Missouri, according to the plaintiff, and then sold without an ovarian cancer warning. Plaintiffs allege they were never warned of the risk of ovarian cancer from using talcum powder products for routine feminine hygiene purposes.
In declaring the mistrial, the Court issued the following statement: "And I believe that - - that the Bristol-Myers case this morning does set forth an avenue that can be pursued by the plaintiff regarding specific jurisdiction of nonresident Plaintiffs over these defendants." Essentially, this statement implies that if it can be proven the alleged wrongdoing occurred in Missouri yet caused harm to plaintiffs around the United States, this talcum powder ovarian cancer lawsuit could effectively be tried in the State of Missouri.
Later in the summer, another talcum powder cancer lawsuit verdict was announced: a Los Angeles jury awarded $417 million, including $347 in punitive damages, to resolve the case of Eva Echeverria. Echeverria suffers from ovarian cancer, which the jury concluded was linked to her regular use of talcum powder products over the course of decades. The plaintiff‘s counsel produced documents indicating Johnson & Johnson officials have been aware of the link between talc and cancer since 1964. This outcome contributes toward a general trend of baby powder lawsuits being concluded in the plaintiff‘s favor.
Information Provided by The Onder Law Firm
The Onder Law Firm is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. Onder, Shelton, O‘Leary & Peterson has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm‘s attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others. The firm has represented thousands of persons in these and other products liability litigation, including DePuy hip replacement systems, which settled for $2.5 billion and Pradaxa internal bleeding, which settled for $650 million. The Onder Law Firm has won more than $300 million in four talcum powder ovarian cancer lawsuits in St. Louis. Law firms throughout the nation often seek its experience and expertise on complex litigation. For more information, visit www.OnderLaw.com or call 1-877-ONDER-LAW.