Multi-plaintiff Talcum Powder Cancer Bellwether Trial Dates To Be Set On September 6

Johnson & Johnson attorneys balk at multi-plaintiff trials fearing a large number of plaintiffs could inflame juries

Thursday, August 24, 2023 - Six bellwether cases are set to begin soon stemming from the multi-district litigation (MDL) conducted several years ago. A hearing will be held in September by U.S. District Judge Michael Shipp, overseeing the MDL to schedule the bellwether trials. California, Florida, Georgia, Missouri, New Jersey, and Pennsylvania are other states where hundreds of more cases outside of MDL could begin according to Law.com. Lawyers for Johnson & Johnson have told the court that they are opposed to consolidating multiple talcum powder cancer plaintiffs into single trials based on their past experiences. One case awarded 22 women with ovarian cancer a whopping $4.8 billion dollars, mostly punitive damages for their talcum powder ovarian cancer pain and suffering.

There are several reasons why the company opposes multiple plaintiffs and one reason is that the sheer number of plaintiffs may give additional weight to the claims that are being made. In addition, "The company argued that it was not treated fairly in facing one trial involving 22 cancer sufferers who came from 12 states and different backgrounds. Six of the plaintiffs died from ovarian cancer awaiting trial. A Missouri jury initially awarded the women $4.7 billion, but a state appeals court dropped two women from the suit and reduced the award to $2 billion," the Associated Press (AP) wrote. The $4.8 billion jury award was reduced to $2.1 billion because 7 of the plaintiffs were from out of state."The (Missouri) appeals court reduced the verdict to $2.1 billion because some plaintiffs were from out of state and should not have been included, the St. Louis Post-Dispatch reported. Five of the 22 plaintiffs are Missouri residents or were before they died," according to AP. The Supreme Court refused to hear Johnson & Johnson's second appeal.

Multidistrict Litigation (MDL) serves as a mechanism to streamline complex legal proceedings involving multiple plaintiffs against a common defendant. This approach offers several advantages but also presents certain drawbacks. MDL consolidates similar talcum powder lawsuits from various jurisdictions into one court, eliminating redundant processes and promoting judicial efficiency. This minimizes the risk of conflicting rulings and expedites the legal process. MDL also centralizes cases before experienced judges well-versed in the nuances of the subject matter. This ensures more informed decisions and consistent outcomes, enhancing overall fairness. The Johnson's Baby Powder cancer MDL originally took about 2 years to complete as the discovery was streamlined and expert scientific witnesses were interviewed and decided upon. " U.S. District Judge Michael Shipp, based in Trenton, will take over the long-running litigation from former Chief District Judge Freda Wolfson, who retired from the bench on Feb. 1, according to an order filed on Monday. The cases, numbering more than 38,000, had been on hold since October 2021, when a J&J subsidiary newly created to hold the talc liabilities filed for bankruptcy," according to Reuters. Litigants are now waiting to see if a third attempt at LTL management bankruptcy is granted or if the second reversal is upheld.

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