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J&J Talc 4/14
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Second state-court trial over J&J talc powder kicks off in Missouri
Apr 13, 2016 | Reuters' Westlaw Practitioner Insights
By Jessica Dye
Johnson & Johnson ignored decades of scientific evidence linking talc-based powder to ovarian cancer, a lawyer for a woman suing the company told jurors in Missouri state court on Tuesday at the start of the latest trial amid roughly 1,200 similar cases. -
J&J Baby Powder Caused Ovarian Cancer, Jury Told
Apr 13, 2016 | Law360
By Brandon Lowrey
A woman who developed ovarian cancer after decades of using Johnson & Johnson baby powder on her genitals urged a Missouri state jury Tuesday to find the company liable for her ailment, saying it had long known about the link between genital baby powder use and cancer. -
Jury Selected in Second Missouri Talcum Powder Case; Court Denies Defense Motions for Summary Judgment, to Exclude Experts
Apr 13, 2016 | HarrisMartin
The judge overseeing the second talcum powder case to proceed to trial in Missouri has issued orders denying defense motions for summary judgment, to exclude testimony and to transfer venue, according to the court’s online docket. -
Pharmalot, Pharmalittle: Valeant CEO will be deposed by Senate committee
Apr 13, 2016 | STAT News
By Ed Silverman
...Johnson & Johnson faces its second state-court trial over allegations it hid the health risks of talcum powder, according to Reuters. -
Second talc trial starts in St. Louis
Apr 13, 2016 | Missouri Lawyers Weekly
By Catherine Martin
Following a $72 million plaintiff’s verdict, another case against Johnson & Johnson went to trial in St. Louis this week over an alleged link between its baby powder and ovarian cancer. -
Baby Powder Ingredient Linked To Ovarian Cancer
Apr 13, 2016 | WTVF (CBS) Nashville
By Shannon Royster
A study has suggested baby powder is linked to ovarian cancer because of an ingredient called talc.
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
US Coverage
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Second state-court trial over J&J talc powder kicks off in Missouri
Apr 13, 2016 | Reuters' Westlaw Practitioner Insights
By Jessica Dye
Johnson & Johnson ignored decades of scientific evidence linking talc-based powder to ovarian cancer, a lawyer for a woman suing the company told jurors in Missouri state court on Tuesday at the start of the latest trial amid roughly 1,200 similar cases.
"This case is about profit over human life - specifically, women's lives," said R. Allen Smith of the Smith Law Firm during opening arguments in state court in St. Louis. Smith is representing Gloria Ristesund, who claims she developed ovarian cancer after decades of using J&J's talc-based baby powder on her genitals.
But a lawyer for J&J, Christy Jones of Butler Snow O'Mara Stevens & Canada, said that the studies examining a possible link between talc-based powder and ovarian cancer were "at best inconclusive," and that J&J had responsibly researched, analyzed and monitored developments involving its products over the many years it was on the market.
Ristesund's case is the first to go to trial since jurors in the same court returned a stunning $72 million verdict in February for surviving family members of Jacqueline Fox. The verdict prompted a renewed interest in the litigation by the public, as well as plaintiffs' lawyers, who said they received hundreds of inquiries following the verdict. Currently, there are about 1,200 cases, primarily in Missouri and New Jersey state courts.
Smith told jurors Tuesday that Ristesund used J&J's talc-based powder products - which include the well-known Baby Powder and Shower to Shower Powder - for feminine hygiene for decades. In 2011, Smith said Ristesund was diagnosed with ovarian cancer despite having no genetic predisposition for the disease, and had to undergo a hysterectomy and other surgeries as a result.
Nearly five years later, Ristesund's cancer is in remission and her prognosis is "pretty good," although there is always a possibility it could return, Jones told jurors.
Prior to the $72 million Fox verdict, only one other case had gone to trial against J&J over talc powder and ovarian cancer. That case was filed by Deane Berg, and went to trial in 2013 in the U.S. District Court for South Dakota.
While jurors in that case found J&J was negligent, they declined to award damages to Berg, whose cancer was in remission at the time of the trial.
Reuters viewed the proceedings on Courtroom View Network.
http://www.reuters.com/article/products-talc-trial-idUSL2N17G0D9
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J&J Baby Powder Caused Ovarian Cancer, Jury Told
Apr 13, 2016 | Law360
By Brandon Lowrey
A woman who developed ovarian cancer after decades of using Johnson & Johnson baby powder on her genitals urged a Missouri state jury Tuesday to find the company liable for her ailment, saying it had long known about the link between genital baby powder use and cancer.
The trial is the second of dozens brought by women whose claims were consolidated in a complaint filed against J&J in the Circuit Court of St. Louis in 2014. In the first case, a jury in February slammed Johnson & Johnson with a $72 million verdict.
On Tuesday afternoon, plaintiffs' attorney Allen R. Smith Jr. of the Talc Litigation Group told jurors that Johnson & Johnson had been warned about the link between talc and ovarian cancer for 40 years and it has been listed on a California regulatory list of known or suspected carcinogens. But the company never took steps to warn women about the possible effects of use on or around the genitals, he added.
"This case is about profit over human lives, and specifically women's lives," Smith said. "The evidence will show that Johnson & Johnson, instead of warning, used corporate influence and hired former FDA people to prevent regulation at all costs, and that's according to their internal documents."
Gloria Ristesund, 62, was diagnosed with endometrioid ovarian cancer, affecting the lining of her ovaries, in 2011. She was 57 at the time.
Smith said that he will present evidence that her use of talc on her genitals, in addition to her independently existing endometriosis, raised her ovarian cancer risk by 214 percent. Her suit names as defendants J&J and talc producer Imrys Talc America Inc.
Johnson & Johnson attorney Christy D. Jones of Butler Snow LLP, however, argued that the science has been uncertain and inconsistent, suggesting only a weak potential link between the mineral powder and a different type of ovarian cancer than the one Ristesund has.
In addition, Jones said that talc is an extremely common substance that is used in medical procedures, cosmetics and even food production. So talc found in women's ovaries isn't necessarily from genital powdering.
Jones pointed to Ristesund's other risk factors for ovarian cancer, including her age and her endometriosis, that she said are more influential than talc.
The trial comes after a jury in February awarded $72 million to the estate of Jacqueline Fox, who died of ovarian cancer after using the body powder for decades. It was reportedly the first time the company has been ordered to pay damages over the link between cancer and the talc used in its products.
The verdict included $10 million in compensatory damages and $62 million in punitives.
For more coverage of this trial, visit Courtroom View Network.
Ristesund is represented by Allen R. Smith Jr. of the Talc Litigation Group.
Johnson & Johnson is represented by Christy D. Jones of Butler Snow LLP. Imrys is represented by Nancy M. Erfle of Gordon Rees Scully Mansukhani LLP.
The case is Gloria Ristesund v. Johnson & Johnson, case number 1422-CC09012-01, in the 22nd Judicial Circuit of Missouri.http://www.law360.com/articles/784249/j-j-baby-powder-caused-ovarian-cancer-jury-told
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Apr 13, 2016 | HarrisMartin
The judge overseeing the second talcum powder case to proceed to trial in Missouri has issued orders denying defense motions for summary judgment, to exclude testimony and to transfer venue, according to the court’s online docket.
Judge Rex Burlison of the Missouri Circuit Court for St. Louis City issued orders denying the motions on April 12.
That same day, according to the court docket, a jury was selected and heard opening statements from both sides in the case.
The case is the second talc-based powder case to proceed to trial in Missouri; the first ended in a $72 million verdict against Johnson & Johnson and Johnson & Johnson Consumer Companies Inc. The same jury found in favor of defendant Imerys Talc America Inc on those claims.
This time, jurors will hear Gloria Ristesund’s allegations that talc-based powder products manufactured and distributed by Johnson & Johnson defendants caused the development of ovarian cancer.
Among those entering appearances during jury selection in the instant case for the defendants were Gerard T. Noce and Beth A. Bauer of Hepler Broom LLC in St. Louis; Mary Anne Mellow of Sandberg, Phoenix & von Gontard, P.C., in St. Louis; and Nancy M. Erfle, Kenneth J. Ferguson, and Leslie Benitez of Gordon & Rees LLP.
Appearing for the plaintiffs during jury selection were Ted G. Meadows of Beasley Allen; Stephanie Rados and James G. Onder of Onder, Shelton, O’Leary & Peterson, LLC in St. Louis; and R. Allen Smith Jr., of The Smith Law Firm in Ridgeland, Miss.
The Johnson & Johnson defendants were represented by Scott Alan James, Gene M. Williams and Kathleen Anne Frazier of Shook, Hardy & Bacon in Houston; and Mark C. Hegarty of Shook, Hardy & Bacon in Kansas City, Mo.
Hogans, et al. v. Johnson & Johnson, et al., No. 1422-CC09012 (Mo. Cir. Ct., St. Louis City).
http://harrismartin.com/article/20678/jury-selected-in-second-missouri-talcum-powder-case-court-denies-defense-motions-for-summary-judgment-to-exclude-experts/
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Pharmalot, Pharmalittle: Valeant CEO will be deposed by Senate committee
Apr 13, 2016 | STAT News
By Ed Silverman
ood morning, everyone, and nice to see you again. We were absent Tuesday due to a commitment to moderate a panel at a conference, which was a welcome respite. However, the to-do list expanded enormously in just one day. So time to forge ahead with a few cups of stimulation. No doubt you may relate. So here is the usual menu of tidbits. Hope you have a wonderful day and do keep us in mind when something fascinating erupts …
Michael Pearson, the outgoing Valeant Pharmaceuticals chief executive, has changed his mind and will now be deposed on April 18 by the Senate Special Committee on Aging. Last week, the committee threatened to hold him in contempt for refusing to testify as part of its ongoing investigation into drug pricing. The company then issued a public statement urging Pearson to comply.
A federal appeals court revived a securities class action against Pfizer that accused the drug maker of hiding heart risks of the Celebrex and Bextra painkillers, according to this opinion. The panel decided a lower court improperly excluded testimony of an expert witness for the shareholders. Pfizer withdrew Bextra in 2004 and, in 2009, paid $2.3 billion to settle a US Department of Justice probe into illegal marketing of Bextra and other drugs.
A US Food and Drug Administration advisory panel voted against recommending accelerated approval for an experimental Clovis Oncology lung cancer treatment, TheStreet reports. The panel believes the treatment should not be approved until more data from an ongoing clinical trial that is expected to finish in 2019 is submitted to the FDA. The vote prompted speculation that further development work should be halted.
Medivation rejected a recent takeover offer from Sanofi, which is pursuing the drug maker to expand its lineup of cancer treatments,Bloomberg News reports. But Sanofi is not ruling out a hostile bid, and Medivation, which has hired advisers to thwart any unwanted overtures, wants a higher price than initial proposals have indicated. European regulators recently approved its Xtandi prostate cancer treatment.
A generic drug used for relieving allergy symptoms may help multiple sclerosis patients rebuild their eye nerves, Bloomberg News says. Clemastine fumarate may offer an over-the-counter option for tackling a disease now treated by more expensive drugs sold by companies such as Biogen. Patients saw the time it took to send a signal from the retina to the brain fall by 1.9 milliseconds per eye, a statistically significant difference from those on placebo.
Imprimis Pharmaceuticals, which makes a compounded version of Daraprim, said it registered as an outsourcing facility, which means it must comply with US Food and Drug Administration regulations. Daraprim is the life-saving medicine used mostly by HIV patients that Turing Pharmaceuticals bought last year and then jacked up the price by more than 5,000 percent. Martin Shrkeli ran Turing at the time. The move caused a firestorm of protest and outrage.
President Obama is expected to sign a bill that would provide financial incentives to companies developing treatments for the Zika virus, Reuterstells us.
Silicon Valley billionaire Sean Parker is making a $250 million grant to speed development of more effective cancer treatments by fostering collaboration among leading researchers, Reuters writes.
NIH Director Dr. Francis Collins recently told a congressional hearing the agency is reluctant to override patents in order to help address the rising cost of medicine, according to Bloomberg News.
The FDA will review an application for Merck to market a biologic that treats allergies caused by dust mites, Pharma Times reports.
A European chemical industry trade group argued that gelatin is safe after Indian regulators called for feedback on a plan to replace gelatin with cellulose in pharmaceutical capsules, InPharma Technologist says.
Johnson & Johnson faces its second state-court trial over allegations it hid the health risks of talcum powder, according to Reuters.
https://www.statnews.com/pharmalot/2016/04/13/valeant-michael-pearson-pfizer/
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Second talc trial starts in St. Louis
Apr 13, 2016 | Missouri Lawyers Weekly
By Catherine Martin
Following a $72 million plaintiff’s verdict, another case against Johnson & Johnson went to trial in St. Louis this week over an alleged link between its baby powder and ovarian cancer.
In February, a St. Louis jury awarded the $72 million on behalf of a woman who died from ovarian cancer her attorneys said was caused by using Johnson & Johnson products, including baby powder. The same attorneys represent the plaintiff in this case, a woman who had ovarian cancer and is five years into recovery.
Again, they allege Johnson & Johnson products caused the cancer, and claim the company knew of the link and did not warn consumers.
Attorneys for Johnson & Johnson deny a link between talc and ovarian cancer, and say they thus weren’t obligated to warn consumers. Attorneys representing Imerys Talc America Inc., which provides Johnson & Johnson with talc, also denied the link but pointed out that they did provide warnings to their customers, who are corporations. They do not sell directly to consumers.
Allen Smith, who is representing the plaintiff, pointed to numerous studies in his opening statement, including four meta-analyses that all found a “statistically significant increase of ovarian cancer from genital talc use.” Henoted that medical experts have found talc in ovarian tissue and said genital talc use is listed as a known or suspected carcinogen under the California Safe Cosmetics Act.
Smith, of the Mississippi based Smith Law Firm, also said research shows that women who have endometriosis, like the plaintiff, and have used genital talc have a significantly increased risk of getting ovarian cancer. Endometriosis affects 10 to 15 percent of all women, Smith said.
He said internal documents at Johnson & Johnson acknowledge the increased risk of ovarian cancer from genital talc use and the lack of public awareness about the issue, but the company didn’t warn consumers.
“This case is about profits over human life,” he said.
Christy D. Jones, an attorney with the Mississippi office of Butler Snow who is representing Johnson & Johnson, countered that “nobody knows what causes ovarian cancer.”
There are risk factors, she said, such as family history, endometriosis, obesity and not having children, several of which applied to the plaintiff.
The questions for the jury to consider, she said, are if baby powder was the legal cause of the plaintiff’s ovarian cancer and whether Johnson & Johnson acted responsibly.
Jones also pointed to studies, none of which, she said, showed that talc causes ovarian cancer.
“Johnson & Johnson did not…put on a label because they did not believe then or now that talc used in the genital area caused ovarian cancer,” Jones said.
Nancy Erfle, an attorney in the Portland office of Gordon & Rees who represented Imerys Talc America, made similar points, while also noting the warning Imerys provided for its customers.
“The company did what it should do. It was responsive to the question being raised,” she said.
The trial is expected to last three weeks. No decision has been made yet on how much damages the plaintiff will seek, said Jim Onder, a St. Louis attorney also representing the plaintiff. The case was a defense pick.
The case is Gail Ingram v. Johnson & Johnson, 1422-CC09012-01
http://molawyersmedia.com/2016/04/13/second-talc-trial-starts-in-st-louis/
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Baby Powder Ingredient Linked To Ovarian Cancer
Apr 13, 2016 | WTVF (CBS) Nashville
By Shannon Royster
A study has suggested baby powder is linked to ovarian cancer because of an ingredient called talc.
It's supposed to keep you dry and smelling fresh; so many women use talcum or baby powder for feminine hygiene, but the study suggests its not safe.
Attorney Luvell Glanton said baby powder led to the death of his daughter Verbina back in 2011. "My daughter was 32 when she was diagnosed with ovarian cancer, and she had used that product for over 20 years."
Glanton has since filed a lawsuit against Johnson & Johnson to fight for his daughter, and he has prepared to file nine other local cases involving the baby powder giant.
"They knew there was an increased risk of using their product because of the talc, but they did nothing about it," Glanton said. "All they had to do was put a warning on the label."
Jacqueline Fox, 62, of Alabama also died of Ovarian cancer. A jury recently awarded her family $72 million saying Johnson & Johnson's baby powder was responsible.
Dr. Daniel Cramer, who conducted his own study, said if used repeatedly, talc can get into a woman's upper genital tract. "I've done several different case control studies of ovarian cancer," he said. "All of them have included information on talc, and all of them have found an elevated risk of ovarian cancer associated with talc use."
The American Cancer Society has not yet taken a side saying the evidence about talc and cancer isn't very clear. Glanton said it was enough for him, and he has pushed forward. "I can't get her back, but what I can do is attempt to change the way Johnson & Johnson does business."
Carol Goodrich, spokesperson for Johnson & Johnson Consumer Inc. released this statement:
“Everyone at Johnson & Johnson sympathizes deeply with the women and families who have been affected by ovarian cancer, a complex disease with no known cause. We know the women and families affected are searching for answers and want to understand the science. However, it is important to distinguish jury verdicts from regulatory rulings or rigorous scientific findings,” said Carol Goodrich, spokesperson for Johnson & Johnson Consumer, Ltd. “Johnson & Johnson has always taken questions about the safety of our products extremely seriously, especially concerns about products like Johnson’s Baby Powder that families have trusted for generations. After 30 years of studies by medical experts around the world, the overwhelming body of scientific research and clinical evidence supports the safety of cosmetic talc.” The company will appeal the Fox verdict and will continue to defend the safety of our product in future cases.
http://www.newschannel5.com/news/one-of-the-ingredients-in-baby-powder-linked-to-ovarian-cancer
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