Talcum powder litigation continues nationwide as manufacturer Johnson & Johnson vows to continue fighting each claim. The tough stance comes despite the fact that Johnson & Johnson has thus far lost in four instances of talcum powder litigation it which it is alleged that the regular use of talcum powder can lead to ovarian cancer.
Talcum powder litigation has thus far cost Johnson & Johnson over $300 million. There are still thousands of cases to come, and the manufacturer shows no sign of getting ready to settle, according to the pharma trade journal FiercePharma.
A “Take No Prisoners” Position in Talcum Powder Litigation
Why is Johnson & Johnson adopting a “take no prisoners” stance when it comes to talcum powder litigation. The company feels that science is on its side. “Science, research and clinical evidence” have demonstrated that, according to Johnson & Johnson’s website“few ingredients have the same performance, mildness and safety profile as cosmetic talc.” The company actively fights any assertion that there is a conspiracy at work.
Another reason why Johnson and Johnson is actively defending talcum powder litigation cases is legal. The United States Supreme Court has ruled that plaintiffs must have a connection to the jurisdiction where they are bringing suit. The ruling is intended to prevent “venue shopping” where litigants can look for courts most likely to be sympathetic to their arguments.
In cases of talcum powder litigations plaintiffs lawyers believe that the presence of a Johnson & Johnson bottling and labeling facility in Missouri is sufficient to provide a connection. A number of additional cases are due to be litigated in Missouri, and thus far the awards provided to plaintiffs have all been the result of cases in that state. Several of the suits brought in that state are now under appeal.
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