Judge Rules Talc Powder Lawsuits Against J&J Can Continue
There are thousands of people are alleging that Johnson & Johnson’s talc-based products such as baby powder are causing cancer. These allegations have been surfacing over the past couple years and there have been several awarded verdicts for cases against J&J. In 2018, it was reported that J&J knew its raw talcum powder occasionally tested positive for asbestos and failed to warn consumers or report to regulators. In 2019, they agreed to recall some of their baby powder after the FDA found traces of asbestos during a test of one of their samples.
Over the past couple years, there have been thousands of lawsuits that have arose claiming that the companies talcum powder caused cancer. There were so many claims that they consolidated them into a multidistrict litigation (MDL) under one Judge to settle all claims in a more efficient way.
After a ruling on Monday by a New Jersey Judge, these claims will be able to move forward with expert testimony barring certain limits on what testimonies will be allowed in trials. This decision is huge news after the company had attempted to ban all of the plaintiffs’ experts from testifying and wiping out more than 10 thousand cases. Plaintiff’s lawyers are ecstatic at this decision as it states that the plaintiffs’ are going to be able to testify that their talcum powder products can cause ovarian cancer.
There are restrictions put on this lawsuit, however, that bar plaintiffs from testifying that inhaling talc powder can cause ovarian cancer.
This decision will allow the multi-district litigation to move forward and the company will be facing around 16,000 cases. The company is now facing claims related to ovarian cancer as well as other types of cancers including mesothelioma.
In this MDL, there are thousands of lawsuits from many areas of the country that are consolidated to one Federal judge. After this is established and everything can move forward, there are a handful of cases that are chosen for early “bellwether” trials. These trial cases can help determine the settlement amounts for different types of cases moving forward. Testimony in these types of cases revolve largely on experts opinion and knowledge.
This in turn, is why it is so important that the Judge ruled that the cases could move forward with expert testimonies to help build up the cases against J&J. With this ruling, our team can work hard to get every one of our clients the compensation they deserve for their injuries and suffering.
If you or a loved one has used J&J talcum powder products and have been diagnosed with cancer, it is important to contact an experienced attorney right away. At McEwen Law Firm, we are dedicated to holding companies accountable for their negligent actions and making sure our clients are fully compensated for their damages.
No fees or expenses unless a recovery is obtained.