Talcum Powder & Cancer
Talcum Powder & Cancer
Weitz & Luxenberg has filed lawsuits against defendants who have sold talc-based powders for use in the genital area. There has been intensive litigation activity involving the primary defendant, Johnson & Johnson, and their complex legal maneuvers, including the use of premeditated corporate bankruptcy strategies. Just recently, Johnson & Johnson announced a plan for a third attempt at bankruptcy if at least 75% of ovarian claimants agreed to Johnson & Johnon’s proposed deal of $6.5 billion to end the ovarian cancer claims. The situation remains fluid and we are monitoring it very closely, with our goal of achieving maximum value for our clients. Defendants made another run at Daubert motions, arguing that the science and law have changed since the prior MDL Judge Wolfson decided in Plaintiffs’ favor several years ago. The new MDL Judge Michael Shipp unfortunately is permitting renewed Daubert motions and argument on every witness regardless of whether they previously underwent a Daubert hearing before Judge Wolfson.
Although he stated he would not ignore Judge Wolfson’s previous rulings, this will certainly delay matters as well as add significant risk to the litigation. In the meantime, work is proceeding on bellwether cases with expert reports due on November 15. The first New Jersey Multi-County Litigation trial in Atlantic City New Jersey is scheduled for September 15th.
Since the lift of the bankruptcy stay, there have been two state court trials. In March 2024, a Florida state trial ended in a mistrial because the jury was unable to reach a verdict. In April 2024, another Florida trial resulted in a defense verdict.