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Internal Cosmetic Talc Litigation Media Coverage August 29, 2016

    Client Attorney Privileged/Attorney Work Product/At Request of Counsel

    US Coverage

  1. Alabama law firm says it has received 26k calls after talcum powder verdicts

    Aug 26, 2016 | AL.com

    By Kent Faulk

    A Montgomery law firm says it had gotten nearly 26,000 phone calls from people inquiring about the link between talcum powder and ovarian cancer after its clients got a total of $127 million in two verdicts earlier this year.

    Client Attorney Privileged/Attorney Work Product/At Request of Counsel

    US Coverage

  1. Alabama law firm says it has received 26k calls after talcum powder verdicts

    Aug 26, 2016 | AL.com

    By Kent Faulk

    A Montgomery law firm says it had gotten nearly 26,000 phone calls from people inquiring about the link between talcum powder and ovarian cancer after its clients got a total of $127 million in two verdicts earlier this year.

    Based on the 25,916 calls it had received as of Thursday, there are 12,221 open cases, according to a statement from Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.. The firm now has 867 cases filed nationwide against Johnson & Johnson regarding talcum powder products, according to the statement.

    In February a City of St. Louis Circuit Court jury awarded the family of Jacqueline Fox $72 million, finding Johnson & Johnson liable for her ovarian cancer that led to her death. In May another jury in St. Louis found Johnson & Johnson liable for ovarian cancer linked to genital use of its talcum powder products and awarded a South Dakota woman, Gloria Ristesund, $55 million.

    ohnson & Johnson has filed an appeal of the two cases in Missouri Eastern District Court of Appeals.

    A spokesperson for Johnson & Johnson had not responded to questions from AL.com regarding the appeals prior to publication of this story.

    This week a Johnson & Johnson and the founder of the Montgomery law firm representing the two women sparred over the alleged links between ovarian cancer and Johnson & Johnson's talc based products.

    Gene Williams, outside counsel for Johnson & Johnson, told Legal Newsline this week that the plaintiffs' lawyers "have deliberately created confusion about the science of talc at trial,"

    "Though it's been discussed as a hypothesis and carefully studied for decades, there is no proven linkage between talc and ovarian cancer," Williams told Legal NewsLine.  He also told the publication that the "medical and scientific evidence does not support the juries' findings, and we are committed to the vigorous and long-term defense of the safety of the product."

    Jere L. Beasley, principal and founder of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. that represented the Fox family and Ristesund, responded in a press release to the Johnson & Johnson lawyer's statement.  

    "It is the height of irony that Johnson & Johnson would claim that our trial team are the ones trying to create confusion surrounding the scientific evidence linking use of talcum powder for feminine hygiene to ovarian cancer," Beasley stated. "We have internal documents – including one from talc supplier Imerys – where the companies have bragged for years about the need to create more confusion regarding the issue of cancer and talc. I challenge Johnson & Johnson's lawyers to meet with me anytime, anywhere, so that we can jointly release all internal documents and the trial transcripts. What are they hiding from?"after talcum powder verdictsPrintEmailBy Kent Faulk | kfaulk@al.com 
    Email the author | Follow on Twitter 
    on August 26, 2016 at 3:08 PM, updated August 26, 2016 at 3:15 PMPicasa 

    A Montgomery law firm says it had gotten nearly 26,000 phone calls from people inquiring about the link between talcum powder and ovarian cancer after its clients got a total of $127 million in two verdicts earlier this year.

    Based on the 25,916 calls it had received as of Thursday, there are 12,221 open cases, according to a statement from Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.. The firm now has 867 cases filed nationwide against Johnson & Johnson regarding talcum powder products, according to the statement.

    In February a City of St. Louis Circuit Court jury awarded the family of Jacqueline Fox $72 million, finding Johnson & Johnson liable for her ovarian cancer that led to her death. In May another jury in St. Louis found Johnson & Johnson liable for ovarian cancer linked to genital use of its talcum powder products and awarded a South Dakota woman, Gloria Ristesund, $55 million.

    Woman awarded $55M for claim talc products caused cancer

    Another jury in February had ruled that Johnson & Johnson has to pay the family of a Tarrant woman $72 million in another talc suit

    Johnson & Johnson has filed an appeal of the two cases in Missouri Eastern District Court of Appeals.

    A spokesperson for Johnson & Johnson had not responded to questions from AL.com regarding the appeals prior to publication of this story.

    This week a Johnson & Johnson and the founder of the Montgomery law firm representing the two women sparred over the alleged links between ovarian cancer and Johnson & Johnson's talc based products.

    Gene Williams, outside counsel for Johnson & Johnson, told Legal Newsline this week that the plaintiffs' lawyers "have deliberately created confusion about the science of talc at trial,"

    "Though it's been discussed as a hypothesis and carefully studied for decades, there is no proven linkage between talc and ovarian cancer," Williams told Legal NewsLine.  He also told the publication that the "medical and scientific evidence does not support the juries' findings, and we are committed to the vigorous and long-term defense of the safety of the product."

    Jere L. Beasley, principal and founder of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. that represented the Fox family and Ristesund, responded in a press release to the Johnson & Johnson lawyer's statement.  

    "It is the height of irony that Johnson & Johnson would claim that our trial team are the ones trying to create confusion surrounding the scientific evidence linking use of talcum powder for feminine hygiene to ovarian cancer," Beasley stated. "We have internal documents – including one from talc supplier Imerys – where the companies have bragged for years about the need to create more confusion regarding the issue of cancer and talc. I challenge Johnson & Johnson's lawyers to meet with me anytime, anywhere, so that we can jointly release all internal documents and the trial transcripts. What are they hiding from?"

    Jury: Johnson & Johnson must pay Alabama family $72M

    The verdict was the first case against Johnson & Johnson over the link between talc and ovarian cancer that resulted in damages, Jere Beasley, principal and founder of the Montgomery-based Beasley Allen Law Firm, said.

    Research

    Documents shown to the jury during the trial indicated that Johnson & Johnson's own consultants advised the company that numerous scientific studies supported a clear link between genital use of talcum powder and an increased risk of ovarian cancer

    An estimated 25,000 women are diagnosed each year with ovarian cancer, and more than 14,000 die. Expert testimony at trial showed at least 45,000 women have died as a result of ovarian cancer that could be attributed to talcum powder use on the genitals, and an estimated 2,500 women will die within the next year as a result of talc use.

    Johnson & Johnson has stated that they "firmly believe the safety of cosmetic talc is supported by decades of scientific evidence."

    Research on the link between talcum powder and ovarian cancer by government agencies has been mixed over the years.

    In 2000 the National Toxicology Program nominated talc to be listed in their Report of Carcinogens. According to the attorneys for Fox – Beasley and Allen out of Montgomery - the industry got involved the decision was deferred.

    In 2007 Canada's health organization restricted the use of talc in baby products based on data indicating potential hazards to infants and children.

     A 2010 Harvard School of Public Health study found a "modest positive association" between genital use of talcum powder and the risk of endometrial cancer - a type of cancer that begins in the uterus – particularly among postmenopausal women.

    But the American Cancer Society reports it hasn't yet found the link between talcum powder and ovarian cancer.

    The American Cancer Society has a statement from November 2014 about talcum powder and the possible link to ovarian cancer on its website.

    In a statement after the May verdict Johnson & Johnson issued this statement:

    "Unfortunately, the jury's decision goes against 30 years of studies by medical experts around the world that continue to support the safety of cosmetic talc. We understand that women and families affected by ovarian cancer are searching for answers, and we deeply sympathize with all who have been affected by this devastating disease with no known cause. Johnson & Johnson has always taken questions about the safety of our products extremely seriously. Multiple scientific and regulatory reviews have determined that talc is safe for use in cosmetic products and the labeling on Johnson's Baby Powder is appropriate. For over 100 years, Johnson & Johnson has provided consumers with a safe choice for cosmetic powder products and we will continue to work hard to exceed consumer expectations and evolving product preferences." 

    http://www.al.com/news/birmingham/index.ssf/2016/08/alabama_law_firm_says_it_has_r.html

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