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Cosmetic Talc Litigation Media Coverage 12/15/2016
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Corporate Giants Saw 'Good, Bad and Ugly' Mass Tort Results
Dec 14, 2016 | The National Law Journal
By Amanda Bronstad
... The ugly: Johnson & Johnson is no stranger to mass torts, but 2016 sent the company reeling. After its lawyers at Locke Lord won the first trial in 2014 from among more than 8,500 lawsuits pending in federal court in Dallas alleging defects in its Pinnacle hip implants, a jury in March came out with a shocking $502 million verdict. -
Local lawyer named to cancer lawsuit case in NJ
Dec 14, 2016 | Chron
By L.M. Sixel
Houston trial lawyer Richard Meadow was named to the plaintiff's committee in the federal multi-district litigation involving ovarian cancer claims against Johnson & Johnson. A federal judge in New Jersey is handling the litigation. -
Tort reform group says St. Louis has worst judicial climate
Dec 14, 2016 | AP (in KSDK)
An association that lobbies for restricting liability lawsuits to help business says St. Louis has the nation's worst judicial climate. -
Business group slams St. Louis circuit court system as most unfair in nation
Jan 1, 2017 | St. Louis Post-Dispatch
By Kurt Erickson
A pro-business lobbying group has labeled the circuit court for the City of St. Louis as the nation’s “most unfair” jurisdiction for civil lawsuits. -
Johnson & Johnson being hit with another lawsuit – this time for Risperdal
Dec 14, 2016 | Olivia Chivers
By USFinancePost
Johnson & Johnson has had more than one lawsuit filed against them due to side effects from their products – from talcum powder, now to Risperdal. -
J&J's Top IP Counsel Steps Down. Is the PTO His Next Stop?
Dec 14, 2016 | Corporate Counsel
By Jennifer Williams-Alvarez
... The news of this change up in the IP department comes as J&J is facing a number of products liability cases related to defective hip implant devices and talcum powder, among other things.
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
US Coverage
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Corporate Giants Saw 'Good, Bad and Ugly' Mass Tort Results
Dec 14, 2016 | The National Law Journal
By Amanda Bronstad
For three major corporations with mass tort troubles, 2016 was the year of the good, the bad and the ugly.
It was good for General Motors Co., which avoided jury verdicts against it in six bellwether trials over an allegedly defective ignition switch. For Volkswagen A.G., it was pretty bad: the automaker paid billions of dollars after admitting its "clean diesel" cars skirted emissions tests. And for Johnson & Johnson, it was just plain ugly, with five verdicts, including one surpassing $1 billion, over its hip implants and iconic baby powder.
Here's a quick recap:
• The good: Despite paying $2 billion in civil and criminal matters over a faulty ignition switch that spurred recalls of 2.6 million vehicles in 2014, GM still faced hundreds of lawsuits in which plaintiffs had alleged injuries. But as the first bellwether trial began in January, GM's lawyers at Kirkland & Ellis got a tip from a real estate agent who told them that the plaintiff had once given him a fabricated $440,000 check.
GM used the information to attack the credibility of the plaintiff, who subsequently dismissed his case. In a second trial, GM secured a defense verdict. Four other cases were dismissed or settled. This year could be a tough act to follow for GM, which is gearing up for a second slate of bellwether trials.
• The bad: After admitting that its engineers installed a device in 475,000 "clean diesel" vehicles to cheat emissions tests, Volkswagen scrambled on how to fix the problem and resolve lawsuits brought by angry consumers.
By June, Volkswagen attorneys at Sullivan & Cromwell had reached a $14.7 billion settlement to resolve most of the litigation, including cases brought by the Federal Trade Commission and the Justice Department. But the story's not over. Volkswagen still faces litigation in foreign courts and a criminal investigation.
• The ugly: Johnson & Johnson is no stranger to mass torts, but 2016 sent the company reeling. After its lawyers at Locke Lord won the first trial in 2014 from among more than 8,500 lawsuits pending in federal court in Dallas alleging defects in its Pinnacle hip implants, a jury in March came out with a shocking $502 million verdict.
Then, in December, an even more shocking $1.04 billion award arrived in a case handled by its lawyers at Quattlebaum, Grooms & Tull of Little Rock. As if that wasn't enough, three separate juries in Missouri state court issued the first verdicts finding Johnson & Johnson's talcum powder products caused ovarian cancer: $72 million in February, $55 million in May and $70 million in October.
Johnson & Johnson, represented by Shook, Hardy & Bacon and Nelson Mullins Riley & Scarborough in those trials, now faces 1,700 lawsuits. And it might get uglier, given that trials in both mass torts are planned in 2017.
http://www.nationallawjournal.com/home/id=1202774738616/Corporate-Giants-Saw-Good-Bad-and-Ugly-Mass-Tort-Results?mcode=1202617074964&curindex=0&slreturn=20161115024719
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Local lawyer named to cancer lawsuit case in NJ
Dec 14, 2016 | Chron
By L.M. Sixel
Houston trial lawyer Richard Meadow was named to the plaintiff's committee in the federal multi-district litigation involving ovarian cancer claims against Johnson & Johnson. A federal judge in New Jersey is handling the litigation.
Meadow, who is a lawyer with the Lanier Law Firm, will participate in the coordination, preparation and presentation of the cases that allege Johnson & Johnson marketed talc-based products such as Johnson's Baby Powder for decades despite evidence that linked those products to ovarian cancer.
Since the early 1970s, studies have shown that women who use talcum powder for genital hygiene face a greater risk for ovarian cancer compared to women who never used it.
Ovarian cancer is the fifth-leading cause of cancer death among women in the United States.
http://www.chron.com/business/bizfeed/article/Local-lawyer-named-to-cancer-lawsuit-case-in-NJ-10795992.php
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Tort reform group says St. Louis has worst judicial climate
Dec 14, 2016 | AP (in KSDK)
JEFFERSON CITY, Mo. (AP) - An association that lobbies for restricting liability lawsuits to help business says St. Louis has the nation's worst judicial climate.
An American Tort Reform Association report released Wednesday said St. Louis is a magnet for product liability and consumer class-action lawsuits. California is second on the list.
The group listed Missouri venue laws and expert testimony standards as factors.
The report cited a St. Louis case over the potential role of baby powder in causing ovarian cancer. In October, a jury awarded a California woman $70.1 million in the case.
The report likely will be used as fodder next legislative session, when Republican legislative leaders say they'll make tort reform a top priority.
Democratic Gov. Jay Nixon has vetoed tort-reform proposals, but Republican Gov.-elect Eric Greitens has expressed support.
http://www.ksdk.com/news/local/tort-reform-group-says-st-louis-has-worst-judicial-climate/370468535
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Business group slams St. Louis circuit court system as most unfair in nation
Jan 1, 2017 | St. Louis Post-Dispatch
By Kurt Erickson
JEFFERSON CITY • A pro-business lobbying group has labeled the circuit court for the City of St. Louis as the nation’s “most unfair” jurisdiction for civil lawsuits.
In its annual ranking of what it calls “judicial hellholes,” the American Tort Reform Association also again highlighted Madison and St. Clair counties in Illinois as venues that favor trial lawyers and raise the cost of doing business.
Key to the latest ranking is what the ATRA and the Missouri Chamber of Commerce and Industry say are lax standards that have made the city a magnet for product liability lawsuits and consumer class action lawsuits.
“The overwhelming majority of plaintiffs filing these suits are not from St. Louis, or even Missouri,” said ATRA president Tiger Joyce.
In particular, the group pointed to three lawsuits in 2016 asserting that talcum powder causes ovarian cancer. They said the state’s lenient standards for expert testimony favors plaintiffs.
All three cases were handled by the Onder Law Firm of Webster Groves, which has advertised nationwide for ovarian cancer patients who suspect baby powder may be linked to their disease.
Juries awarded nearly $200 million to women in New Jersey, Alabama and South Dakota.
Joyce told the Post-Dispatch that a second reason the group highlighted Missouri is that the political winds in the state have shifted with the election of Republican Eric Greitens as governor.
Greitens, a political newcomer, has pledged to alter the state’s legal landscape as part of a pro-business push favored by his GOP colleagues who control the House and the Senate.
On Wednesday, Senate President Pro Tem Ron Richard, R-Joplin, said that legal reform will be one of the top three issues tackled by the Republican-controlled Legislature this session.
Among the proposals in the crosshairs is a plan to change the rules when it comes to expert testimony in civil cases.
In June, Democratic Gov. Jay Nixon vetoed legislation establishing stricter courtroom standards for expert witnesses, arguing it targets injured litigants by making it too expensive for them to file claims and recover damages.
Under the measure, Missouri courts would consider expert testimony with the same guidelines required in federal courts. Nixon said in his veto message that the tightened criteria would clog the court system and put an unfair burden on trial judges who make the determinations, forcing them to “conduct unnecessary hearings and become quasi-experts on complex subjects.”
Supporters dismissed Nixon’s argument, saying judges already do just that when considering police or forensic witnesses for criminal cases. They also said trial attorneys are purposefully filing lawsuits against companies in Missouri because the expert witness laws are too lax.
“We did that last time. We’re going to do it again,” Richard said.
http://www.stltoday.com/news/local/govt-and-politics/business-group-slams-st-louis-circuit-court-system-as-most/article_145ad482-f161-5f00-b02f-0874d8bafde9.html
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Johnson & Johnson being hit with another lawsuit – this time for Risperdal
Dec 14, 2016 | Olivia Chivers
By USFinancePost
Johnson & Johnson has had more than one lawsuit filed against them due to side effects from their products – from talcum powder, now to Risperdal.
Currently, Deborah Giannecchini, a woman from California, has filed a lawsuit again Johnson & Johnson after she was diagnosed with ovarian cancer in 2012. She claims this diagnosis comes after using the company’s talcum powder for several years.
Giannecchini is one of over 2000 women who have filed a lawsuit against Johnson & Johnson claiming that the use of the company’s talcum powder has caused them to develop ovarian cancer.
By
Olivia ChiversPublished on Dec 14, 2016SHARETWEETCOMMENTSponsored Links
Johnson & Johnson has had more than one lawsuit filed against them due to side effects from their products – from talcum powder, now to Risperdal.
Currently, Deborah Giannecchini, a woman from California, has filed a lawsuit again Johnson & Johnson after she was diagnosed with ovarian cancer in 2012. She claims this diagnosis comes after using the company’s talcum powder for several years.
Giannecchini is one of over 2000 women who have filed a lawsuit against Johnson & Johnson claiming that the use of the company’s talcum powder has caused them to develop ovarian cancer.Sponsored Links
A new lawsuit filed against the company claims that the company failed to disclose a side effect of the drug Risperdal.
“I had bigger boobs than the girls in (high) school,” Eddie Bible said. “I thought, ‘Am I going to have to get a training bra?’ ”
Bible took Risperdal in the early 2000’s. He was 13 at the time. He had been taking medication prescribed for anxiety and bipolar disorder. He was experiencing an undisclosed side effect to the prescription he was taking.
Risperdal is an antipsychotic medication used to treat schizophrenia and symptoms of bipolar disorder. The drug is also used in cases of autistic children and also to treat irritability.
“They put me on this Risperdal. The doctors said, ‘Well, Risperdal was helping some.’ To me, it didn’t really help, because a year and a half later, I had gynecomastia,” Bible said.
Gynecomastia is a condition that causes teen boys or men’s breast tissue to grow. It is alleged that Risperdal causes the increase in prolactin production.
Bible and many others are now planning to sue Johnson & Johnson for the side effects they have experienced. Bible and others are suing because the company did not disclose the risk of the side effect in a reasonable amount of time.
There are instances where boys grow small breasts during puberty, or as a result of weight gain. Bible thought weight gain might have been the cause at the beginning of the side effect.
“If I knew what the side effects would be of the medication, I would have never taken it,” Bible said.
Bible said that having to deal with “the look” made it difficult for him to go outside or do other things kids his age were doing. “I’d go to the locker room, and people would point and stare,” he said.
http://usfinancepost.com/johnson-johnson-being-hit-with-another-lawsuit-this-time-for-risperdal-26776.html
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J&J's Top IP Counsel Steps Down. Is the PTO His Next Stop?
Dec 14, 2016 | Corporate Counsel
By Jennifer Williams-Alvarez
Johnson & Johnson announced on Dec. 9 that its top in-house intellectual property lawyer, Philip Johnson, plans to step down in February. He'll be succeeded by another J&J IP lawyer, Robert DeBerardine.
The move comes amid speculation that President-elect Donald Trump's administration will select Johnson to lead the U.S. Patent and Trademark Office. Other names under consideration include Kevin Rhodes, chief intellectual property counsel at 3M Co., and Alden Abbott of the Heritage Foundation and a former acting GC of the Commerce Department, as Corporate Counsel affiliate The National Law Journal reported here. Johnson, who was previously considered for the USPTO director's job by President Barack Obama, told the NLJ that it "would be an honor" to serve as director.
Johnson has been J&J's senior vice president for intellectual property and strategy since April 2014. He joined J&J in 2000 as chief patent counsel and steadily rose through the company's legal department. Prior to joining J&J, Johnson spent nearly 27 years in private practice, including as senior partner and co-chair of IP litigation at the firm Woodcock Washburn, which combined with Baker & Hostetler in 2014.
DeBerardine similarly has many years of IP experience on his resume. After close to 20 years in private practice, he went in-house with J&J in 2002 as senior patent counsel. DeBerardine served as chief IP counsel at Abbott Laboratories for four years and then went to Sanofi SA as senior VP and general counsel in North America before going back to J&J in April 2016 as chief IP counsel.
The news of this change up in the IP department comes as J&J is facing a number of products liability cases related to defective hip implant devices and talcum powder, among other things. Just this month, the New Brunswick, New Jersey-based pharma giant was hit with a $1 billion punitive damages verdict by a jury in Dallas. The company also took a hit earlier this year when a federal judge in Boston invalidated a patent for the company's arthritis drug Remicade, giving Pfizer Inc. room to launch its biosimilar. At the end of October, J&J appealed this ruling.
http://www.corpcounsel.com/home/id=1202774676199/JampJs-Top-IP-Counsel-Steps-Down-Is-the-PTO-His-Next-Stop?mcode=1202617073467&curindex=1&slreturn=20161115024731
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
US Coverage
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