Three Talcum Powder Cancer Trials Set To Begin in California State Court

Other ovarian cancer lawsuits are expected to go before juries next year in the federal court system, as well as in New Jersey and Pennsylvania state courts.

The California Superior Court for Los Angeles County has announced it will hold a series of three bellwether trials for talcum powder lawsuits pending in the state court system, with the first going before a jury starting on November 3.

Johnson & Johnson currently faces more than 90,000 Baby Powder lawsuits and Shower-to-Shower lawsuits that are pending in different courts nationwide, each raising similar allegations that the manufacturer sold talc-based products for years that were contaminated with asbestos, causing women to develop ovarian cancer and other injuries after routinely applying the powder around their genitals for feminine hygiene purposes.

While most of the litigation is centralized in the federal court system, claims are also now moving forward in various state courts, after Johnson & Johnson’s prior attempts to force settlement of the claims through the U.S. bankruptcy courts were rejected three separate times.

In the federal court system, the U.S. District Judge presiding over the litigation ordered the parties to begin meeting with a mediator for talcum powder settlement talks earlier this month, before setting the first trial date.

However, a California state court judge is moving ahead with plans for three separate trials in the coming months, to help the parties gauge how juries may respond to evidence and testimony likely to be repeated throughout thousands of other claims.

Each of the trials will combine complaints brought by two different plaintiffs, representing and resolving a total of six claims. All of the claims involve allegations that talcum powder exposure caused the women to develop ovarian cancer.

The first of the three trials will begin on November 3 and is expected to last about four weeks. It will immediately be followed by two other similar trials.

Federal Talcum Powder Lawsuit Bellwether Trials

The first federal bellwether trial is not expected to begin until sometime next year, involving a talcum powder ovarian cancer lawsuit brought by Carter Judkins, who was diagnosed in December 2016, after using Johnson’s Baby Powder as part of her daily routine for more than 30 years.

There are also other trials scheduled for next year in New Jersey and Pennsylvania state courts.

Although the outcomes of these bellwether trials will not be binding on other plaintiffs, they will be closely watched by lawyers involved in the litigation. If the parties still fail to reach a resolution after the bellwether trials, dozens of individual cases may begin moving forward simultaneously in different courts in the coming years.

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