Talcum Powder MDL Status Conference To Be Held Today

Talcum Powder MDL Status Conference To Be Held Today

Introduction

Last week, parties involved in the talcum powder litigation submitted a Status Report and Proposed Joint Agenda for the status conference scheduled for today to review the progress of the bellwether cases.

The report indicates the development made in Stage One and Stage Two cases, which will be reviewed today by U.S. District Judge Freda L. Wolfson, overseeing the talcum powder litigation docket. Judge Wolfson will also address the concerns raised by the parties over the case selection process and a schedule for final expert discovery in those claims.

In June, Judge Wolfson announced a list of randomly selected 1,000 talcum powder cancer lawsuits for bellwether discovery procedures. In September, the pool was further reduced to a group of about 30 claims, which included ten selected by each party, along with ten selected by the court.

The result of these bellwether trials will not bind on other claims in the docket but will impact the settlement negotiations that the defendant may involve in to avoid future bellwether claims.

Earlier this year, Johnson & Johnson (J&J) stopped selling its talcum-based products in the U.S. and Canada, claiming declined consumer demand and misinformation about the safety of the products.

Johnson's Baby Powder, one of the most popular products containing talcum powder, is linked to increasing a woman's risk of ovarian cancer if she uses it regularly in the genital area. In a few cases, the cancer tissue was studied using an electron microscope and was found to have talc in it, which supported the claim that the cancer was caused by the body powder and increases the talc-related cancer risk.

Allegations include that the company knew about the risks of asbestos exposure from the company’s talc-based products causes ovarian cancer or mesothelioma, yet failed to warn the public. Lawsuits also claim J&J hid the fact that talcum powder contains asbestos.

Currently, J&J is facing more than 20,000 Baby Powder and Shower-to-Shower lawsuits, each raising similar allegations about the presence of asbestos and the risk of cancer. Most of the claims are consolidated under MDL No.: 2738, whereas some are pending in state courts in Pennsylvania. Cases are also pending in a California coordinated proceeding as a part of Judicial Council Coordinated Proceeding No. 4877.