Another Asbestos-in-Talc Lawsuit Ends in a Mistrial

Another Asbestos-in-Talc Lawsuit Ends in a Mistrial

Introduction

This is the second time in two weeks that a talcum powder lawsuit has ended in a mistrial. On Tuesday, October 3, 2018, a Los Angeles jury was dismissed as the judge agreed that they failed to arrive at a unanimous decision and were incapable of announcing a verdict in a lawsuit filed by a plaintiff.

The plaintiff who formerly worked as a computer salesman claimed he was diagnosed with mesothelioma due to asbestos exposure. The jury hoped for at least nine votes to reach a conclusion but was stuck with eight to four against Johnson & Johnson.  

Talcum powder lawsuits are currently underway in several state courts across the nation. All with a similar allegation that the asbestos-exposure from talcum use causes mesothelioma and ovarian cancer. The multidistrict litigation (MDL 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation) is presided over by Hon. Freda L. Wolfson, U.S.D.J./ Hon. Lois H. Goodman for coordinated pretrial proceedings in the District of New Jersey.

Last month, J&J's Talc supplier Imerys Talc America has agreed to settle the claims made by a plaintiff that years of using their asbestos-contaminated Baby Powder caused her mesothelioma.