Baby Powder Litigation Update
This will be a pivotal year for baby powder cancer victims. Last year saw several massive plaintiffs’ verdicts, and 2018 is gearing up for more bellwether trials that could sway Johnson & Johnson’s opinion on settling thousands of lawsuits.
Plaintiffs Win In Multiple States
Last year, Johnson & Johnson (J&J) lost three baby powder cancer trials in Missouri state court. The company was ordered to pay a total of $307.6 million to talcum powder cancer victims. Then, in August, the company suffered another crushing defeat when a California jury awarded $417 million to a woman who developed ovarian cancer from long-term baby powder use. J&J’s year-end total came to $724.6 million paid to baby powder cancer plaintiffs.
Plaintiffs were handed another win after a Supreme Court ruling put the cases in jeopardy. The Supreme Court ruling dictated stricter rules for determining jurisdiction in lawsuits; and this would dramatically affect out-of-state plaintiffs in the Missouri state court litigation who were piggybacking on lawsuits filed by state residents. This practice allows lawsuits with many plaintiffs to move more quickly; however, the Supreme Court ruled it would no longer be allowed.
For thousands of Missouri baby powder cases, this ruling could have sent their cases to other courts, but the judge overseeing the state court talc litigation determined jurisdiction in Missouri was proper. This has allowed thousands of lawsuits filed in Missouri to proceed as planned.
Thousands Of Lawsuits Still Pending
J&J is currently facing over 5,500 baby powder cancer cases in state and federal courts around the country. An appellate judge is currently reviewing lawsuits filed in Florida to determine if they can proceed within the state’s jurisdiction. Thousands of lawsuits are pending in a New Jersey federal court, where J&J is headquartered. Lawsuits in both California and Missouri state courts are also proceeding through litigation.
The Missouri litigation will see more bellwether trials later this year. J&J is contentiously fighting all current lawsuits, so trial dates in the litigation have yet to be scheduled, although they could be scheduled in late 2018. Plaintiffs who have filed their baby powder cancer lawsuits in New Jersey are currently fighting with J&J regarding expert witnesses, and the judge overseeing the litigation is set to rule on whose expert testimony will be allowed in the coming months.
Baby Powder Cancer Lawyers
Because of the widespread use of baby powder products, there are lawsuits filed all around the country in various state and federal courts. If you have been diagnosed with ovarian cancer and used baby powder products for feminine hygiene, the baby powder cancer lawyers at Blizzard & Nabers LLP can help. We can analyze your situation and help you understand all of your legal options. Contact us today to schedule a free consultation.