October 20, 2015 — Johnson & Johnson has lost its bid to send 237 lawsuits involving talcum powder-induced ovarian cancer to Missouri federal court.
According to Reuters, attorneys for J&J tried to convince a judge that the cases were “mass actions.”
U.S. District Judge Catherine Perry disagreed and issued an order (PDF) on October 14 sending the cases back to state court in St. Louis where they were originally filed.
Judge Perry said plaintiffs’ counsel never asked for the cases to be consolidated at the federal level and there was no reason to assume the cases would go to trial together:
“Johnson & Johnson would have me conclude that plaintiffs’ ‘true purpose’ here was to seek a joint trial of their cases based on nothing more than parallel dates submitted in three separate proposed scheduling plans without any explanation of what these proposed dates actually mean. This I cannot do.”
The number of lawsuits against J&J has grown rapidly since October 2013, when a jury decided that the drug-maker failed to adequately warn about the risk of ovarian cancer from Shower-to-Shower. The plaintiff, a 56 year-old woman from South Dakota, was diagnosed with cancer after using the talcum powder product for 30 years.
Earlier this year, a jury in Los Angeles awarded nearly $13 million to a woman who was diagnosed with mesothelioma (aggressive lung cancer) after using Colgate Palmolive’s “Cashmere Bouquet” during the 1960s and 70s.
Do I have a Talcum Powder Cancer Lawsuit?
The Schmidt Firm, PLLC is currently accepting talcum powder induced injury cases in all 50 states. If you or somebody you know has been diagnosed with ovarian cancer, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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