More than 2,000 lawsuits have claimed that Johnson & Johnson produced, without issuing proper warning labels, talc-based products that can cause ovarian cancer.
The suits claim that Johnson & Johnson acted negligently because the company knew for a great number of years that scientific evidence indicated talc to be a potentially cancer-causing substance. In fact, studies from as early as 1971 have demonstrated a connection between ovarian cancer and products containing talc.
The first individual in the United States to file suit against Johnson & Johnson was Deane Berg. Doctors came to discover particles of talc inside biopsies of cancerous tumors taken from Berg’s body. They concluded that talcum powder was a contributing cause to her developing ovarian cancer.
Rush of Personal Injury Lawsuits Against Johnson & Johnson
The Berg verdict was reached in 2013, and since then, two class-action lawsuits have been filed. 80% of the cases involved determined that Johnson & Johnson were liable for the plaintiffs’ cancerous tumors.
Nearly 1,000 similar cases are pending in Missouri, with hundreds more in other states. New Jersey, for example has over 500, and California has nearly 300. A now famous case in California awarded the plaintiff an amount in excess of $400 million in damages.
The reason most of these cases have been filed in Missouri is that under Missouri law, people can pursue these kinds of cases without having to be a resident of the state.
In addition, Missouri judges and juries have been ruling in favor of the plaintiffs in the majority of these cases, leading more plaintiffs to take their cases there.
Challenge Based on Jurisdiction
However, this may change.
In June 2017, the Supreme Court ruled that those who suffered adverse reactions to a drug called Plaxix could not sue the company that created the drug in a California court.
A ruling was made along similar lines in May 2017 that involved out-of-state claims and a railroad company. Cases like these may set a new precedent for how personal injury claims of this nature will proceed in the future.
The ruling regarding the blood thinner Plavix led an appeals court in Missouri to overturn a $70 million verdict in October 2017. The case concerned a wrongful death claim filed by the family members of a woman that succumbed to ovarian cancer caused by Johnson & Johnson baby powder products.
Personal Injury Lawyers
The personal injury lawyers at JD Haas and Associates have experience dealing with class-action lawsuits.
If you’ve been diagnosed with ovarian cancer after using talcum-based products made by Johnson & Johnson, or have any other personal injury questions, contact us today. We will fight aggressively to get your case tried in the appropriate jurisdiction and ensure the verdict will never be overturned.