California's Virtual Talc Trial Against J&J Ends In Mistrial

Introduction

California state court's virtual cosmetic talcum powder trial against Johnson & Johnson (J&J) ended in a mistrial after the plaintiff's health worsened, making him unable to communicate with his attorneys and resulting in his death.

The trial involved a 54-year-old man who had alleged that he developed mesothelioma after being exposed to asbestos and talc present in J&J's Baby Powder. Last week, Alameda County Superior Court Judge Stephen Kaus indicated that the plaintiff entered hospice due to his rapidly deteriorating health condition and was not expected to recover. Hon. Kaus informed jurors, via Zoom, that he would have to declare a mistrial.

The death of the plaintiff would likely change the nature of the case to involve wrongful death claims. The trial was being closely monitored as it was the first virtual talcum powder cancer trial since the COVID-19 pandemic outbreak.

Last month, the pharmaceutical giant agreed to pay over $100 million to resolve about 1,000 lawsuits over its talcum powder products brought by at least three law firms, which include Simmons Hanly Conroy, Simon Greenstone Panatier PC, and the Lanier Law Firm.

Currently, J&J is facing more than 20,000 Baby Powder and Shower-to-Shower lawsuits. Most of the lawsuits are consolidated under MDL No.: 2738, whereas some are pending in state courts in Pennsylvania. Lawsuits are also pending in a California coordinated proceeding as a part of Judicial Council Coordinated Proceeding No. 4877.

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