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Cosmetic Talc Litigation Media Coverage October 21, 2016
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J&J Talcum Powder Users Dying Of Ovarian Cancer, Atty Says
Oct 20, 2016 | Law 360
By Bonnie Eslinger
An attorney representing some of the 317 litigants suing Johnson & Johnson in California state court over alleged ovarian cancer risks associated with talcum powder urged the overseeing judge on Thursday to expedite depositions of his clients, telling the court that two had already died of the disease. -
Cancer Patient Blames Johnson and Johnson
Oct 20, 2016 | KMOX-CBS (St. Louis)
By Kevin Killeen
A California woman who claims Johnson and Johnson’s talcum powder products caused her ovarian cancer tells her story before a jury in civil court downtown.
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J&J Talcum Powder Users Dying Of Ovarian Cancer, Atty Says
Oct 20, 2016 | Law 360
By Bonnie Eslinger
Law360, Los Angeles (October 20, 2016, 11:09 PM EDT) -- An attorney representing some of the 317 litigants suing Johnson & Johnson in California state court over alleged ovarian cancer risks associated with talcum powder urged the overseeing judge on Thursday to expedite depositions of his clients, telling the court that two had already died of the disease.
Mark Robinson of Robinson Calcagnie Robinson Shapiro Davis Inc. told Los Angeles Superior Court Judge Lisa Hart Cole during an initial status conference Thursday that a stay imposed upon the case until another judge takes over could hinder so-called "extremis depositions" that need to be prioritized due to the serious health conditions of the female plaintiffs. Johnson & Johnson attorney Michael Zellers of Tucker Ellis LLP agreed to allow the depositions, and the court approved of the "informal agreement."
Zellers also agreed to provide documents that have already been produced in similar suits against Johnson & Johnson, as long as they were under the same protective order for those cases.
The complex litigation against Johnson & Johnson and Imerys Talc America, filed last month, seeks recovery for alleged damages the plaintiffs have suffered as a result of developing ovarian cancer, which the women claim was caused by the "wrongful conduct" of defendants — the "unreasonably dangerous and defective nature" of talcum powder when used in the female genital area.
Defendants "knew and/or should have known of the unreasonably dangerous and carcinogenic nature of the talc contained" in the accused products, Johnson & Johnson Baby Powder and Shower to Shower, one of complaints, filed by Vickey Doss and Michele M. Smith, said.
Thursday's status conference before the judge began with the introduction of dozens of attorneys representing clients from the parties.
After the proceedings, Robinson, who currently represents about 70 of the plaintiffs, said there was no time to lose with this lawsuit.
"These women are dying of ovarian cancer," he said. "Two of my clients died last week."
The coordinated case in Los Angeles County Superior Court is one of countless talcum powder lawsuits that have been filed against Johnson & Johnson in courts around the nation.
In May, a Missouri state jury awarded $55 million to a woman suing Johnson & Johnson over allegations that she developed ovarian cancer after decades of using talc baby powder on her genitals.
The verdict came on the heels of a $72 million verdict in a similar case awarded in February in St. Louis.
In a statement provided to Law360 on Thursday, Johnson & Johnson said the company's products did not cause the plaintiffs' cancer.
"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," the company said. "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."
The plaintiffs are represented by Robinson Calcagnie Robinson Shapiro Davis Inc., Kiesel Law LLP, Levin Simes LLP and Morris Law Firm.
The defendants are represented by Tucker Ellis LLP, Gordon & Rees LLP and Shook Hardy & Bacon LLP.
The case is Johnson & Johnson Talcum Powder Cases, number JCCP4872, in the Superior Court of the State of California for the County of Los Angeles.
--Additional reporting by Brandon Lowrey. Editing by Catherine Sum.http://www.law360.com/articles/854096/j-j-talcum-powder-users-dying-of-ovarian-cancer-atty-says
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Cancer Patient Blames Johnson and Johnson
Oct 20, 2016 | KMOX-CBS (St. Louis)
By Kevin Killeen
ST. LOUIS (KMOX) – A California woman who claims Johnson and Johnson’s talcum powder products caused her ovarian cancer tells her story before a jury in civil court downtown.
The jury watched as 63-year-old Deborah Giannecchini walked delicately across the courtroom, a bailiff holding her arm as she stepped up into the witness stand.
For two-and-a-half weeks the jury has heard rival testimony about whether talcum powder causes ovarian cancer, and rival testimony about whether Johnson and Johnson hid industry concerns from consumers.
The stage-four cancer patient testified that she used Johnson and Johnson talcum products for feminine hygiene for 44 years.
Starting out with baby powder in high school– then in the 1980s–she also began using the company’s adult talcum product, shower to shower.
“Have you had your sprinkle today?” she said with some melody in her voice, recalling the TV commercial.
Giannecchini testified about the hardships of surgeries and cancer treatment , and how she has lived in suspense of death for four years. She never cried, nor moved the jury to tears, but she spoke in a calm, soft voice.
“Devastating, my life has changed beyond what I can tell you,” she said.
Her lawyer asked Giannecchini why she filed the lawsuit.
“Because if there’s even the slightest chance this product has caused this disease, there needs to be a warning,” she said.
Under cross examination, Giannecchini conceded that no doctor ever told her about any danger posed by talcum powder.
“So the only people who told that are your lawyers?” asked an attorney for Johnson and Johnson.
“Yes.”
Two similar trials here in St.Louis have resulted in multi-million dollar jury verdicts against Johnson and Johnson.
http://stlouis.cbslocal.com/2016/10/20/cancer-patient-blames-johnson-and-johnson/
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