Talcum powder is a commonly used hygiene product for women and infants. Numerous talcum powder lawsuits have been filed across the country against manufacturers claiming that their talcum powder causes harmful side effects. Recently, 237 lawsuits that were originally filed in Missouri, alleging that Johnson & Johnson baby powder and shower products caused ovarian cancer, were ordered back to Missouri state court after lawyers for Johnson & Johnson attempted to have them moved to federal court.
Why Would The Manufacturer Want These Cases In Federal Court?
Cases that are originally filed in state court can be moved to federal court. Sometimes the defendant or party that the lawsuit is against, Johnson & Johnson in these cases, requests to move the cases to federal court in an attempt to gain an advantage for various reasons. For example, the defendant lawyers could think that a certain federal judge will be more favorable to their side compared to the state judge. Another reason to move the cases is to avoid high jury awards. Certain states have a reputation for awarding high amounts and defendants attempt to avoid this by moving the cases to federal court. Furthermore, defendant lawyers in large cases such as these talcum powder lawsuits are sometimes more familiar with the federal court system and federal court rules rather than the state system. In the converse, defendant lawyers also know that the other side might not be familiar with the federal system and thus have an advantage. Lastly, sometimes moving the case to federal court is simply a matter of convenience because cases can move more quickly in the federal system which saves time and money.
Why Were These Cases Ordered Back to State Court?
For these cases, Johnson & Johnson lawyers asserted that the cases were a “mass action” and should be all heard together in federal court. U.S. District Judge Catherine Perry disagreed and issued an order on October 14, 2015 sending the cases back to Missouri state court to be heard individually. The judge concluded that the cases were never asked to be consolidated and there was no reason that the cases would go to trial together. Therefore, the cases would not be heard in federal court. To note, Missouri is not the only state where talcum powder lawsuits are being filed. Individuals in other states are also filing lawsuits and more talcum powder lawsuits are expected.
Speak With A Talcum Powder Lawyer
If you or someone you know has suffered side effects from using talcum powder, you may be able to receive compensation for your medical bills, lost income and pain and suffering, among other losses. Our firm is working with experienced talcum powder lawyers who are investigating these cases. They may be able to file a talcum powder lawsuit for you and they charge no fee unless you win an award or settlement. For a free (no obligation) case evaluation, call us toll free at 1-800-992-6878 or fill out a contact form online.
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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