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Cosmetic Talc Litigation Media Coverage October 4, 2016
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Another talc trial starts in St. Louis
Oct 4, 2016 | Missouri Lawyers Weekly
By Catherine Martin
After more than a week of jury selection, a trial against Johnson & Johnson got underway in St. Louis on Tuesday. Lawyers on both sides made opening statements, with the plaintiff’s attorneys claiming their client’s ovarian cancer was linked to her use of talcum powder, and Johnson & Johnson’s lawyers denying any association between talcum powder in its baby powder and ovarian cancer. -
Good Morning America
Oct 4, 2016 | ABC
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Today in St. Louis at 6:00
Oct 4, 2016 | KSDK-NBC (St. Louis)
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Newschannel 5 at Noon
Oct 4, 2016 | KSDK-NBC (St. Louis, MO)
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KMOX-CBS (St. Louis) Radio Spot
Oct 4, 2016 | KMOX-CBS (St. Louis)
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Another talc trial starts in St. Louis
Oct 4, 2016 | Missouri Lawyers Weekly
By Catherine Martin
After more than a week of jury selection, a trial against Johnson & Johnson got underway in St. Louis on Tuesday.
Lawyers on both sides made opening statements, with the plaintiff’s attorneys claiming their client’s ovarian cancer was linked to her use of talcum powder, and Johnson & Johnson’s lawyers denying any association between talcum powder in its baby powder and ovarian cancer.
The defense also asked Judge Rex Burlison about a renewed motion for a mistrial that seeks to move the trial to another venue due to the “pervasive advertising” they say has tainted the jury pool in St. Louis.
Talc trials
St. Louis juries have handed down two high-dollar verdicts in similar talc cases this year.
In May, a St. Louis jury awarded a woman $55 million in her case that claimed her ovarian cancer was linked to the company’s talcum powder products, including baby powder.
A few months before that, in February, a jury awarded $72 million to the family of a woman who died from ovarian cancer, which included $62 million in punitive damages.
Johnson & Johnson is appealing those verdicts.
Plaintiffs’ lawyers in both of those cases presented studies that linked talcum powder to ovarian cancer and documents they claim show Johnson & Johnson knew of the link and hid it from consumers.
Johnson & Johnson denies the link between talcum powder and ovarian cancer, and lawyers presented multiple studies that support their argument.
The plaintiff in this case, Deborah Giannecchini, was diagnosed with Stage 4 ovarian cancer. She had many surgeries related to the disease, including the removal of her spleen, part of her stomach and uterus, plaintiff’s attorney Allen Smith said.
Giannecchini, of Modesto, California, used genital talcum powder as a daily habit for most of her life, Smith said
“She said had she been warned on the bottle not to use it in the genital area, she wouldn’t have done it. Then we might not be here,” Smith said.
Smith stressed to the jury the importance of the trial.
“You have the opportunity as a jury to change one of the largest corporation’s behaviors, which is overdue,” he said.
David Dukes, representing Johnson & Johnson, also said it was a “very important case” because of the serious allegations against his client.
Dukes stated that the Food and Drug Administration, Centers for Disease Control and Prevention and a number of studies have concluded that there is not a connection between talc and ovarian cancer.
Johnson & Johnson hasn’t added a warning label to its product, he said, because that could be harmful. Adding unnecessary warnings undermines real warnings because the public will start to ignore product warnings, he explained.
Imerys Talc America Inc., the company that supplies Johnson & Johnson with talc and a co-defendant in the case, did add a warning label in 2006, which attorney Nancy Erfle, who represents Imerys, mentioned in her openings. The label informed companies that some studies have suggested that talc use could be related to ovarian cancer, but Erfle also stated that talc has not been confirmed to cause ovarian cancer.
“Pervasive advertising”
Since January 2016, at least 2,714 lawyer ads related to talc have appeared on St. Louis TV stations, the defense states in its motion for a mistrial.
Those ads ramped up in September, with 721 running last month, in addition to radio ads and billboards.
About 75 percent of the pool of 142 potential jurors brought in for the trial said they had seen or heard lawyer advertising that mentions talc, baby powder or Johnson & Johnson, the motion claims.
The motion insists the defendants “should have the opportunity to select a jury from a pool where the vast majority of potential jurors have not been subjected to biased argumentative advertisements and interview comments.”
The defense made similar claims in a motion for a change of venue filed in July.
In response, the plaintiffs denied that St. Louis residents are prejudiced against the defendants and that plaintiff’s attorneys exerted undue influence over St. Louis residents. They also said the defense did not prove any bias or prejudice.
“The mere existence of national and local publicity does not establish that the inhabitants of the City of St. Louis are any more influenced by the disclosure of Defendants’ horrific conduct than are the inhabitants of any other City or County in the State of Missouri, or more influenced than the inhabitants of any other City or State in the country,” the motion stated.
Burlison took the request under advisement, but did not grant the motion for a change of venue before trial. Lawyers brought the venue issue to his attention again on Tuesday, and he again took it under advisement, saying it should be looked at.
The trial is expected to last three to four weeks.
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Oct 4, 2016 | ABC
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Rough Transcript: Well, another lawsuit that's moving forward against Johnson & Johnson, a California woman alleging that talcum powder found in their baby powder contributed to her development of ovarian cancer and our board certified obgyn dr. Jen Ashton is joining us live. And Dr. Ashton there have been cases similar to this that have resulted in $127 million in damages awarded, but others were tossed out. so what is the evidence or is there any evidence linking the talcum powder to cancer. >> This is so controversial, Michael. to be clear we're talking about asbestos-free talcum powder. Some studies show there is a slight increase in association of ovarian cancer. most studies, the thinking is the data just is inconsistent and don't have the scientific support and most obgyn cancer specialists feel if there is an increased risk it is slight and minimal but we err on the side of caution. if this is something under your control, then avoid using it. >> jen, you know people watch us and see something like this and they're concerned. how do you ease their concerns? >> well, when you talk about ovarian cancer which in my field is called the silent killer there are factors that up your risk and there are factors that reduce the risk. it's very important that all women know what the common sign answer symptoms are. pelvic pain or pressure. bloating or increase or change in urination or urinary habits. if you have those for more than half the month, speak to your gynecologist. There’s no screening test for ovarian cancer but there is a workup we do. >> so hard to detect, you're right. >> And Dan I want to bring you in. Johnson & Johnson rleased a statement said we are defending the safety of our baby powder because science, research, clinical evidence and decades of studies by medical experts around the world continue to support the safety of cosmetic talc. why are these decisions so varied in the cases from 127 million in judgments to nothing. >> right, because you're seeing, "a," a divide in the scientific community whether there is a link and second, legal matter. they still have to prove they knew or reasonably knew of the danger. that's a big challenge. You’ve got two big issues here leading to varying verdicts.
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Oct 4, 2016 | KSDK-NBC (St. Louis)
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Rough Transcript: happening today, Johnson & Johnson will be here in a St. louis courtroom for another lawsuit over a common household item. it may even be a part of your morning routine. it is talcum baby powder. Kiya Edwards is live outside the city court with a look at this trial. >> reporter: good morning, pat. the lawsuit was filed on behalf of a California woman diagnosed with ovarian cancer in 2012. she said she used Johnson & Johnson talc-based powders in the years leading up to the diagnosis. she claims the company was aware of the alleged link between the powder and ovarian cancer fir years but failed to taken steps to warn consumers this. Now, it’s not the first time Johnson & Johnson has been sued, this case is one of around 1800 talcum powder lawsuits that have been filed in courts across the country. it is the third trial happening here in St. louis. earlier this year, a St. louis jury awarded a woman $55 million in a similar case. and the company was ordered to pay another woman's family $72 million. a final jury was selected for this case yesterday and opening arguments will start today.
Text of corresponding online article:
ST. LOUIS - Tuesday in a St. Louis courtroom, Johnson and Johnson defended itself from another lawsuit over talcum baby powder.
The suit was filed on behalf of a California woman who was diagnosed with ovarian cancer in 2012. She claims the company was aware of an alleged link between the powder and ovarian cancer, but failed to take steps to warn consumers.
Johnson and Johnson already lost two cases including a $55 million and $72 million case.
The company released the following statement:
We recognize that women and families affected by ovarian cancer are searching for answers, and we deeply sympathize with everyone affected by this devastating disease. We are defending the safety of Johnson’s Baby Powder because science, research, clinical evidence and decades of studies by medical experts around the world continue to support the safety of cosmetic talc.
Among the many studies that have confirmed the safety of talcum powder use, two widely-accepted, forward-looking, prospective cohort studies that included more than 130,000 women and were run over a long period of time - the Nurses' Health Study by the Harvard School of Public Health published in 2000 and 2010 and the Women's Health Initiative Observational Cohort by the U.S. National Institutes of Health published in 2014 - found no association between talc use for feminine hygiene and ovarian cancer. Another forward-looking, prospective cohort study, The Sister Study, published just this year by researchers from the National Institute of Environmental Health Sciences, involved 50,884 women in the US and Puerto Rico and likewise found no association between talc use and ovarian cancer. In addition, no governmental or non-governmental authority has concluded that talc causes ovarian cancer.
Three previous cosmetic talc cases against Johnson & Johnson Consumer Inc. have gone to trial. In October 2013, a jury in Sioux Falls, SD declined to award damages to the plaintiff. In February 2016 and May 2016, juries in St. Louis granted verdicts in favor of the plaintiffs, going against decades of sound science and expert reviews on the safety of talc as a cosmetic ingredient. The company is appealing those verdicts.
A judge in New Jersey (United States) recently dismissed two cases that were set for trial in that state after finding that the plaintiffs’ experts who alleged Johnson’s Baby Powder caused ovarian cancer could not adequately support their theories, a decision that highlights the lack of scientific evidence behind plaintiffs’ allegations. The ruling was made after a two-week hearing specifically held to determine the sufficiency of the scientific evidence at the core of this litigation. The speculative theories put forward by plaintiffs in New Jersey are the same ones being used in all of the cases that have been filed around the United States. -
Oct 4, 2016 | KSDK-NBC (St. Louis, MO)
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Rough transcript: and right now in a st. louis courtroom, johnson & johnson is defending itself from another lawsuit over talcum baby powder. the suit was filed on behalf of a california woman who was diagnosed with ovarian cancer in 2012. she claims the company was aware of an alleged link between the powder and ovarian cancer and failed to take steps to warn consumers.
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KMOX-CBS (St. Louis) Radio Spot
Oct 4, 2016 | KMOX-CBS (St. Louis)
Listen to Clip Here: http://app.criticalmention.com/app/#clip/view/24370948?token=f2b697d5-cb4d-4322-91c5-a7fdfc2a3a04
Rough Transcript: making news at this hour opening arguments underway right now in what could be a multi the dollar lawsuit a California woman claiming Johnson & Johnson talcum powder caused her ovarian cancer, Kevin Killeen is in the courtroom: The woman will testify that she's had her ovaries removed, her spleen removed, part of her stomach and she will also testify that she only has a 15 percent chance of living more than a couple of years. on the witness stand she will also tell the jury that she would not have used baby powder from Johnson & Johnson if there had been a warning label on the product. an attorney for Johnson & Johnson told the jury the evidence will show in this case that there is no scientific proof the talcum powder causes cancer and there would have been no basis of warning labels.
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