Talcum Powder Cancer Plaintiffs And Defendants To Argue Their Positions On Talc Cancer

Johnson & Johnson thinks the bar has been set too low and that talc asbestos testing includes ambiguous results

Tuesday, September 19, 2023 - About 40,000 talcum powder ovarian cancer lawsuits have been filed against Johnson & Johnson that allege using talcum powder for feminine hygiene led to the plaintiff developing ovarian cancer. Others claim that inhaling talcum powder fumes while using talcum powder during diaper changes caused mesothelioma, a terminal lung disease later in life. Still others like barbers and beauticians have sued the manufacturers of talcum powder claiming that inhaling talc dust used to finish off haircuts caused the fatal illness. These cases are organized in multi-district litigation (MDL) so that certain administrative court procedures are not duplicated thousands of times. MDL is a preferred method of litigation when the science underlying the alleged causality is technically complicated and likely to easily confuse a lay jury. Talcum Powder MDL began in 2016 with thousands of cases presided over by U.S. District Judge Freda Wolfson in the District of New Jersey. Judge Wolfson has retired from the bench during the delays in talcum powder litigation caused by the pandemic and also by Johnson & Johnson's attempt to settle the cases using the bankruptcy court. Many thought that bankruptcy court offered the thousands of talcum powder cancer plaintiffs the best chance at getting a fair and prompt settlement. Johnson & Johnson offered $9 billion to settle the claims past and future hoping to put an end to future litigation. The company told the court that only about one-half of the plaintiffs suing the company won their case and that the punitive damages amounted to playing the lottery rather than compensating one for their injuries. That said, the talcum powder bankruptcy does not appear to be happening and individual court cases are set to resume. Talcum powder cancer lawsuits continue to be filed.

Talcum powder MDL is proceeding also the court has set a "Science Day" to be held by the end of 2023 to decide, once again, on the science underlying both the plaintiff's and defense's positions. The position of plaintiffs is to "make clear that the preponderance of the scientific evidence supports a causal relationship between the genital use of talcum powder and ovarian cancer." The plaintiff will cite the decisions of Judge Wolfson who deliberated more than six months on the testimony of scientific experts and picked six of them as having the credibility to testify. Plaintiffs will also seek to confirm that Judge Shipp is aware of "the decisions of state courts throughout the country, including the appellate decisions of the New Jersey Court of Appeals, the Missouri Court of Appeals, and the California Court of Appeals," according to a document filed with the MDL court by the plaintiff's steering committee, published by AboutLawsuits.com. The defense will question the credibility of the scientific experts who have been allowed to testify and will no doubt cite the lawsuits that they have filed challenging the efficacy of the conclusions their studies have drawn. Both sides will have three hours apiece to make their case.

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