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attorneys 533 articles

Analysis: ‘Judicial Hellhole’ designation motivated by big business, not accurate assessment of talc litigation

talc justice

Missouri Lawyers Weekly recently talked to Thomas Stewart, director of the trial advocacy program at Saint Louis University School of Law about his city’s reputation and tort reform in regard to the recent talc litigation. “So much of this tort reform business is based on the idea that you file your case in the city of St. Louis, and the jury automatically gives you money. Of course that’s nonsense,” Stewart said. “City judges and juries analyze on a case by case basis.” St. Louis drew the ire of tort reform groups last year, when three separate juries returned verdicts for plaintiffs ... Read More

Judicial Panel on Multidistrict Litigation denies motion to consolidate federal PPI cases

PPI, kidney, chart - Shutterstock

In the January 2017 Hearing Session the United States Judicial Panel on Multidistrict Litigation (JPML) met regarding motions to centralizing forming new multidistrict litigation (MDL). Filed on Feb. 2, the JPML issued an order denying transfer of MDL No. 2757 – IN RE: Proton-Pump Inhibitor Products Liability Litigation. The plaintiffs had sought to centralize 15 federal PPI cases; the panel mentioned being informed of 24 additional similar cases. They requested that the MDL be formed in the Middle District of Louisiana, the District of New Jersey, the Southern District of Illinois, the District of Kansas, or the Western District of ... Read More

Talc litigation moving forward in multiple venues, Courtroom View Network is watching

talc justice

Courtroom View Network (CVN) is closely watching the talc litigation as it progresses across the country. It offered a live webcast and recorded the St. Louis talc trial that concluded last week with a verdict in favor of Johnson and Johnson. The news site will also webcast the St. Louis trial scheduled to begin next month on April 10. CVN points out that last week’s verdict was in a case selected for trial by the defense and the site questions whether or not J&J can win in a case selected by plaintiffs. Last year, the plaintiffs won three trials in ... Read More

Plaintiffs’ attorneys will keep fighting to warn consumers of talc cancer risk

talc justice

After three consecutive losses in Missouri courts last year, where Johnson and Johnson’s talc-containing products were found to have contributed to the development of three separate women’s ovarian cancer, on Friday, a Missouri jury decided on behalf of the defendants, Johnson and Johnson and talc supplier, Imerys Talc America. According to Law360 plaintiff Nora Daniels, who was chosen by the defense as the next plaintiff to have her case go to trial, was unable to convince the jury that the ovarian cancer she suffered in 2013 was connected to her 38 years of daily using Johnson and Johnson’s talcum powder. ... Read More

‘Start Making Noise’ this March by raising awareness about ovarian cancer

ovarian cancer symptoms, talc

March is Ovarian Cancer Awareness Month in the UK. Target Ovarian Cancer, the UK’s leading ovarian cancer charity, is working together with women with ovarian cancer, their family and friends, parliament, health care, the media and others to lead campaigns for early diagnosis, increasing treatment options through funding life-saving research, and building community among women with ovarian cancer. “When a woman is diagnosed at the earliest stage, her chance of surviving ovarian cancer for five years or more doubles from just 46 percent to more than 90 percent. However, nearly half of GPs mistakenly believe symptoms only present in the ... Read More

Judge rules Invokana lawsuits will stay in federal court


More than a hundred lawsuits waged against Johnson & Johnson’s Janssen Pharmaceuticals alleging the company’s type 2 diabetes drug Invokana caused kidney injuries will stay in federal court after they were removed from state court, a Pennsylvania federal judge ruled. Attorneys representing the 106 plaintiffs had sought to consolidate the cases in Philadelphia Court of Common Pleas, but Janssen removed the cases to federal court under the Class Action Fairness Act. Janssen had asked that the cases ultimately be transferred to New Jersey, where several other Invokana lawsuits are pending. Invokana, known chemically as canagliflozin, was approved by the Food ... Read More

Stryker Reaches Settlement Over Metal-on-Metal Hip device Failure


Stryker, a medical device manufacturing company and its subsidiary, Howmedica Osteonics, have reached a settlement for patients who were required to have revision surgery to correct problems with their Rejuvenate or ABG II modular metal-on-metal neck hip stems. The defective hip design, which was recalled in July of 2012, earned the company about 4,000 lawsuits that were settled in an agreement reached by Court-appointed committees and attorneys. The settlement included any and all patients who received revision surgery prior to Dec. 19, 2016. The defective design had potential for corrosion that led to tissue damage and blood poisoning if the metal ions were absorbed into the bloodstream. The symptoms included ... Read More

5-Hour Energy makers ordered to pay $4.3 million for misleading Washington consumers


President Donald Trump’s travel ban wasn’t the only issue Washington state Attorney General Bob Ferguson was fighting on behalf of the citizens of his state. The same week a three-judge panel with the 9th U.S. Circuit Court of Appeals refused to remove a Seattle judge’s restraining order on the ban – a virtual win for Ferguson – Washington’s King County Superior Court Judge Beth M. Andrus slapped the makers of 5-Hour Energy drink with nearly $4.3 million in penalties and attorneys’ fees in a case brought by Ferguson alleging the company’s ads were misleading Washington consumers. Ferguson brought the suit ... Read More

Cosmetics trade group named as defendant in J&J talc ovarian cancer cases

talc justice

Named as a defendant in some of the more than 70 cases that are consolidated in the federal multidistrict litigation (MDL) alleging a link between talc use for feminine hygiene and ovarian cancer is a non-profit cosmetics trade association. The association is, according to plaintiffs’ attorneys leading the MDL, largely funded by industry, including Johnson & Johnson and Imerys Talc America, which supplies talc to J&J. Law360 reports that the Personal Care Products Council has filed a motion to dismiss allegations against it, saying that its lobbying and public relations activities are protected by the First Amendment. “This motion by the ... Read More

Fourth Missouri talc trial is underway as Johnson and Johnson faces ovarian cancer claims

talc justice

The fourth talc trial in Missouri is underway. Johnson and Johnson will again defend the safety of its talcum powder products, when three times last year in the same court it was found to be responsible for women’s ovarian cancer. Juries came down hard on the corporate giant with massive punitive damages for not warning consumers of its products’ cancer risk. Between all three trials the company was hit with $177 million in punitive damages alone. “A lot of what is at stake at this trial is, do plaintiffs have a ‘case in a box’ — do they have a ... Read More