The Miller firm team has been working hard on the Talc Litigation from state courts in California, Illinois, Pennsylvania, and Delaware to the New Jersey Federal Court that is handling the MDL.
Recently, in the MDL, Judge Wolfson denied J&J’s Motion that asked the Court to appoint an “independent” panel of experts to educate the jury on Talc. Judge Wolfson denied their motion noting that Plaintiffs’ experts are well-qualified to educate the jury about Talc and that an independent panel is not necessary and that it might even confuse the issues.
Now that most of the general issues surrounding how the litigation will proceed have been resolved in the MDL, the Miller firm team has been conducting case specific discovery on a select number of cases that were randomly selected from the cases pending on Judge Wolfson’s docket. These cases have the potential to be the first federal bellwether trial, which could shape the future of the litigation against J&J. The final determination on which cases will proceed to a bellwether trial will occur around March or April of the year.
Beyond the MDL, the Miller firm team has cases pending trial dates in California, Illinois, Delaware, and Pennsylvania state courts that the Miller Firm team is preparing for trial. In particular, a lot of effort has gone into cases remanded out of the MDL to Pennsylvania where the Miller Firm team has two trial dates pending.
Recently, you might have seen an article in the news regarding settlement. While it is true that one firm has come to a settlement agreement with J&J to settle its cases, we believe that better financial terms can be reached. This is especially true considering that no trials have taken place in the MDL, which is where most cases are pending. While news of settlement is overall good news, please keep in mind that this is a process. The Miller Firm, as your attorneys, will inform you if we your case receives an offer of settlement.
The deadly ingredient? Talc—a natural mineral composed of magnesium, silicon, and oxygen containing microscopic particulate known to cause cancer when inhaled. When women apply talc externally, fine particles can travel up through the uterus and fallopian tubes to the ovaries, where the particles lodge into the tissue and cultivate cancer. Recent research found using talcum powder regularly raises ovarian cancer risk from 2% to 33%.
Put another way: Women who have used talc (Baby Powder or Shower to Shower®) for ongoing hygiene may face an increased risk of ovarian cancer up to 16 times higher than women who have not.
Manufacturer Johnson & Johnson has known the dangers of talcum powder for more than 40 years, court records show. It continued to promote Shower to Shower Absorbent Body Powder® as a feminine hygiene product specifically for use in the genital (perineal) area. And their promotion worked: Many women have used this popular body powder every day for decades. Now, longtime customers who are cancer victims and their survivors are filing suit.