Earlier this month, plaintiffs firm Don Barret filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate the many suits against Johnson & Johnson regarding its talc-powder products. Plaintiffs want MDL status for J&J talc-ovarian cancer suits as an MDL would make pre-trial items, such as discovery, much easier and convenient. If approved, the MDL would be overseen by U.S. District Judge David Herndon in the Southern District of Illinois. The venue was chosen as it “would permit convenient travel for the parties and counsel as compared to the east or west coast,” according to the motion. Plaintiffs reside in multiple states.
Earlier this month, plaintiffs firm Don Barret filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate the many suits against Johnson & Johnson regarding its talc-powder products. Plaintiffs want MDL status for J&J talc-ovarian cancer suits as an MDL would make pre-trial items, such as discovery, much easier and convenient. If approved, the MDL would be overseen by U.S. District Judge David Herndon in the Southern District of Illinois. The venue was chosen as it “would permit convenient travel for the parties and counsel as compared to the east or west coast,” according to the motion. Plaintiffs reside in multiple states.
The suits have one common claim: prolonged use of J&J’s talc-powder products (Baby Powder and Shower to Shower) on or around the female genital area increases their risk of developing ovarian cancer. The alleged mechanism for cancer growth is that the talc migrates into the vagina, eventually reaching the ovaries, where it allegedly creates a certain type of inflammation. This inflammation is, pardon the pun, fertile ground for the development of cancer.
Another allegation, backed up by decades-old research, is that J&J knew of the potential risk of its talc-based products causing ovarian cancer but actively hid it from the public. There are currently around 11 claims in 10 different federal jurisdictions and many cases have been filed in state courts, specifically in St. Louis, Missouri and the New Jersey Superior Court.
The motion to create a MDL does not bode well for J&J, deservedly so. The company has been hit with at least two multi-million dollars verdicts over the link between ovarian cancer and its talc-based products.
One suit, Ristesund v. Johnson & Johnson, Imerys Talc America, Inc., involved a 62-year-old South Dakota woman. She’d used J&J’s talc-based products for almost 40 years and received an ovarian cancer diagnosis in 2011. She had a hysterectomy and is currently in remission. That St. Louis, Missouri jury handed down a verdict of $5M in compensatory damages and $50M in punitive damages.
An even bigger loss for J&J came in February of this year in Hogans v. Johnson & Johnson. This case was brought by the victim’s family after she died of ovarian cancer. The jury, St. Louis again, awarded the family $72M.
Melanie Muhlstock, Managing Attorney at Parker Waichman LLP, a national law firm specializing in product liability said, “The firm hopes that, as litigation continues, just compensation continues for women and their families who have suffered serious injuries, even death, following use of Johnson & Johnson Baby Powder and Shower to Shower products.”
I share Ms. Muhlstock’s hope. The fact that talc has been linked to ovarian cancer in a number of studies dating back to the early 70s says, to me, that J&J should have at least issued a warning of the possibility of ovarian cancer developing as a result of using its talc-based products. Some studies are inconclusive, while others show a link. Even where there is a mere hint of possible risk, a responsible company should warn its customers of that risk.
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