Multiple-Plaintiff Trial Involving J&J Set to Start

- By Jacob Maslow

A multiple-plaintiff trial over the cancer risks associated with Johnson & Johnson's (JNJ) talc powder is scheduled to begin June 5. The trial, which will be held in Missouri state court, will be broadcasted by the Courtroom View Network.

This is the first multiple-plaintiff trial in Missouri, and it involves claims brought on behalf of three women who died from ovarian cancer after using Johnson & Johnson's talc powder for decades on their genitals. One woman was a Missouri resident; the other two women lived in Texas and Virginia.


Previous trials have resulted in verdicts totaling nearly $200 million. All of the plaintiffs allege that Johnson & Johnson knew for years that its talc powder could cause ovarian cancer. The company maintains that the conclusions are based on outdated and flawed science. Johnson & Johnson has stated that talc powder is no more dangerous than alcohol or red meat.

One of the three plaintiffs may be removed from the lawsuit, depending on the U.S. Court of Appeals for the Eighth Circuit's ruling on an emergency motion by Johnson & Johnson . The motion seeks to remove Michael Blaes, one of the plaintiffs, from the suit.

Blaes sued Johnson & Johnson initally in federal court over his wife's death, but he moved to have the case dismissed after two years of discovery and filed suit in a new court. The company opposed the dismissal. Johnson & Johnson claims the plaintiff is engaging in "blatant forum shopping" and claims the trial must not move forward while that appeal is still pending.

Johnson & Johnson has been facing increased pressure as the company attempts to mitigate the damage of mounting lawsuits related to defective products.

Johnson & Johnson has been slapped with thousands of lawsuits over its defective hernia mesh product, Physiometh, a product of its subsidiary Ethicon.

The company on Wednesday also settled a lawsuit brought by 42 states and the District of Columbia over its misrepresentation of its production process for several over-the-counter drugs, including Benadryl, Tylenol and Motrin.

Johnson & Johnson has agreed to pay $33 million to settle.

Between 2009 and 2011, the company recalled millions of packages voluntarily after one of its subsidiaries released batches of drugs that did not meet federal standards and were believed to be contaminated.

"Johnson & Johnson's disregard for proper manufacturing practices of children's medications was unacceptable," said Lisa Madigan, Illinois attorney general.

Shares of Johnson & Johnson were lower in afternoon trading Thursday but ended the day up 0.68% at $127.53.

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