The First New York Talc Cancer Trial Held Off Until January

The First New York Talc Cancer Trial Held Off Until January

Introduction

A talcum powder cancer trial involving claims filed by a plaintiff has been postponed to January 2019, after a Manhattan Superior Court Judge Barbara Jaffe announced there were not enough jurors to head the trial. In 2017, the plaintiff was diagnosed with malignant mesothelioma caused by asbestos. The court papers mention that the plaintiff had been a smoker for most of her life and fighting throat cancer. The 78-year-old woman claimed asbestos exposure from Johnson & Johnson's talcum powder was the sole reason for her cancer as her workplace was free of asbestos.

This is the first trial against J&J in New York and the 11th trial linking asbestos with cancer. So far, four mistrials have been granted in talcum powder cancer trials held in the state courts across the nation. A recent case in California ended with a $25 million verdict favoring the plaintiff. Another mesothelioma victim was awarded $117 million last month. J&J has been sued in more than 10,000 lawsuits across the U.S.

The talcum giant continues to deny carcinogenic asbestos presence in their products and has appealed several court verdicts. The multidistrict litigation (MDL 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation) involving asbestos-in-talc allegation is centralized in the District of New Jersey presided over by Hon. Freda L. Wolfson, U.S.D.J./ Hon. Lois H. Goodman for coordinated pretrial proceedings.