Over 1,000 Talc Lawsuits Involving Gynecological Cancer Claims Could Be Dismissed
The largest active dangerous product litigation in the country may be about to shrink. Both sides in the Johnson & Johnson talcum powder lawsuits have reached an agreement that could lead to the dismissal of up to around 1,100 cases involving gynecological cancer claims.
More than 67,000 talc lawsuits are currently grouped together in multidistrict litigation (MDL) in federal court. This is where similar lawsuits are consolidated before one judge to allow for a streamlined legal process.
The litigation is focused on claims that J&J’s once-popular talc-based baby powder is tied to the development of ovarian cancer. But many cases had been filed into the MDL that involved other gynecological cancer claims, such as endometrial or cervical cancer.
Now, virtually all cases that do not involve ovarian cancer could be dismissed.
Non-Ovarian Cancer Plaintiffs Face Limited Options in Talc MDL
The talcum powder MDL was established to handle claims over ovarian cancer. Over the years, cases have also been filed involving other types of gynecological cancers.
But as the litigation has progressed, legal representatives on both sides now agree that “non-ovarian gynecologic cancer claims are not supported by science,” according to a court document filed this week.
The options available to people who have filed such lawsuits may be limited going forward. If the judge overseeing these lawsuits approves both sides’ plan, impacted lawsuits would either need to present a general causation expert report providing evidence that their type of cancer is tied to talcum powder use, or agree to have their case dismissed.
According to the October case count filings, the lawsuits that could be dismissed make up about 1.8% of all MDL cases.
Talc Ovarian Cancer Lawsuits Finally Enter Trial Phase
After years of preparation, the talcum powder lawsuits are entering a key phase, with the first bellwether trial finally approaching.
Bellwether trials are an important part of the MDL process, where a lawsuit considered representative of the wider litigation is selected to go before a jury. The outcome of that trial helps both sides learn more about the strength of their positions and can influence settlement negotiations.
J&J made several previous attempts to settle the ovarian cancer litigation but repeatedly failed to do so as it employed a controversial strategy known as a Texas Two-Step bankruptcy to fund those settlements.
After its most recent settlement attempt was shut down by a judge in March, the company said in a statement that it would focus on preparing cases for trial “to litigate and defeat these meritless talc claims.”
The final pretrial conference for the bellwether case has been scheduled for November, with the trial likely to follow not long after. Some talc ovarian cancer lawsuits are also approaching trial in California state court.
Separately, litigation continues over claims that J&J’s baby powder is also connected to the development of mesothelioma. Those claims are not affected by the MDL.
