Judges in two different states have quashed arguments presented by three different corporations in product liability cases involving defective vaginal mesh implants and talcum powder that has been associated with an increased risk of ovarian cancer. According to news reports, a judge in the Philadelphia County Court of Common Pleas rejected arguments made by Boston Scientific Corporation and Ethicon Inc. (a unit of Johnson & Johnson) who stated that the result of a future U.S. Supreme Court hearing could force out-of-state plaintiffs out of the mass tort program. The subsidiaries of Johnson & Johnson (J&J) were hoping to postpone 106 cases filed by out-of-state plaintiffs and avoid the talcum powder lawsuits.
What is the Status of the Talcum Powder Lawsuits?
Imerys Talc America tried to use a similar argument involving talcum powder ovarian cancer lawsuits in Missouri, where there are more than 1,000 pending claims, many of which were filed by out-of-state plaintiffs. After a Missouri Supreme Court ruling, where the court found the state does not have jurisdiction over out-of-state injuries, Imerys filed a brief in support of the post-trial motion it had already filed.
The St. Louis Record reported that both Imerys and J&J argued against a $70 million jury award in favor of a talcum powder victim. They asked for a new trial and to reduce the large punitive damages award. Punitive damages are meant to punish the defendant, as well as deter others from engaging in similar conduct. The St. Louis judge denied the motion and said the jury’s $67.5 million punitive damage award was neither excessive nor arbitrary.
In St. Louis alone, juries have awarded nearly $200 million in damages to women who have alleged that genital use of talcum powder caused them to develop ovarian cancer. Plaintiffs’ attorneys have brought in experts to argue that J&J knew about the connection between talcum powder and ovarian cancer, but has failed to warn consumers about the dangers. The fifth talc trial is currently underway and other trials have been set for June and July in St. Louis.
Contact an Experienced Talcum Powder Lawyer
If you have been diagnosed with ovarian cancer after using talcum powder, you may be entitled to compensation for your medical bills, lost income and pain and suffering, among other losses. Our law firm is working with experienced talcum powder lawyers across the country who are investigating these cases. They may be able to file a talcum powder lawsuit on your behalf. There is no legal fee unless you receive an award or settlement. Call our toll free number at 1-800-992-6878 or fill out a contact form online for a free (no obligation) case evaluation.
Source:
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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