Fletch Trammell
Melissa Ephron
Truvada/TDF
What's Happening With The Johnson & Johnson Talcum Powder Litigation?
Trammell PC has received numerous inquiries this summer about the status of the Johnson & Johnson talcum powder litigation. We represent thousands of clients with claims against Johnson & Johnson for failure to disclose the risks of using talcum powder, and continue to hear from people who have been diagnosed with gynecological cancers or mesothelioma after using talc regularly.
A Major Ruling Against Johnson & Johnson
Many of the calls we've received were prompted by a major ruling in the talcum powder multidistrict litigation against Johnson & Johnson, which includes more than 16,000 individual cases. In April, New Jersey District Judge Freda Wolfson ruled that the scientific evidence linking ovarian cancer to J&J talcum powder exposure is sufficient for the cases to advance to trial. This ruling is an extremely important victory for anyone injured by talc. If the Court had decided against us, the federal talc litigation would be over and all the cases would likely have been dismissed.
With the major hurdle of scientific evidence clear, the Court has now begun the process of selecting which cases will be the first to be tried. These cases are referred to as "bellwethers" and are meant to be a representative sampling of the Court's entire docket. The outcomes of the bellwether trials typically play a significant role in determining the company's approach to settlement. We expect that it will take anywhere from a year to eighteen months from the time bellwethers are selected to the first trial.
Of the one thousand plaintiffs selected for the bellwether program, Trammell PC represents twenty five. According to an order issued by the Court in July, each side must select ten cases from the 1,000 by September 18 with the Court selecting an additional ten at random. These thirty cases will then undergo detailed evidence-gathering, which must be completed by January of 2021.
The good news is that the federal talcum powder litigation is moving forward. Multidistrict litigation takes a long time, and we know it's frustrating having to wait for resolution. If your case was not selected to be part of the 1,000-case or 30-case pool, you are not likely to have an active role to play for a while. You may not hear from the Court again until the litigation is finished, at which time we hope you'll be receiving fair compensation for your life-changing illness.
State Court Talcum Powder Lawsuit Victory
The federal court's ruling may also have influenced the parallel talcum powder cancer lawsuits taking place in multiple state courts. Although state courts are not bound by anything federal courts do, Judge Wolfson's ruling may guide what other courts evaluate expert testimony. In early August, for example, a New Jersey appeals court reversed a trial court's decision to throw out expert testimony in two lawsuits alleging that Johnson & Johnson Baby Powder caused ovarian cancer. The ruling is expected to revive about 1,000 talc lawsuits against Johnson & Johnson.
Don't Wait to Protect Your Rights
Experts are predicting that these victories, and others won in the past year, will lead to many more talcum powder cancer lawsuits in 2020. Trammell PC continues to take new talc cases from clients who believe Johnson & Johnson talcum powder products—Baby Powder and Shower to Shower—caused their cancer. To qualify, former talc users must have been diagnosed with mesothelioma or epithelial ovarian cancer (most ovarian cancers). If you think you qualify, contact Trammell PC today to discuss how you can secure compensation for your cancer diagnosis. We exclusively represent victims of defective drugs and medical devices. Based in Houston, we represent clients around the United States. You can send us a message online or call us toll-free at 1-800-405-1740.
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