Talc Lawsuit Daubert Hearing Scheduled For June 2019

Talc Lawsuit Daubert Hearing Scheduled For June 2019

Introduction

As per the status conference held on September 27, 2018, U.S. District Judge Freda L. Wolfson indicated that Daubert Motion hearings would commence on June 11, 2019, for ovarian cancer claims linked to talcum powder lawsuits filed against Johnson & Johnson. The judge will weigh the expert testimony and decide about the possibility of future federal court trials.

Before proceeding with the first federal bellwether trial to be heard before a jury, Judge Wolfson will rule on general causation challenges, deciding whether plaintiffs presented reliable scientific proof regarding the talcum powder cancer link. The deadline for filing motions for Daubert challenges has been set for April 18, 2019. If Judge Wolfson denies the federal Daubert challenges and J&J fails to settle talcum powder ovarian cancer claims, several individual cases would be remanded back to U.S. District Courts nationwide for individual trials in the future. While a Missouri federal judge granted a defense motion in an order passed on September 11, 2018, to impose a stay over a talcum powder ovarian cancer lawsuit filed by 64 plaintiffs. Other defendants named in the case joined in the motion with Johnson & Johnson Inc. and Johnson & Johnson Consumer Inc. Asbestos presence in talcum powder has been a major concern across the U.S. among individuals who used the talc for personal hygiene purposes.

Last month, the California Superior Court for Los Angeles declared a mistrial in the latest talcum powder asbestos case filed against J&J, as the court states the jurors are deadlocked due to the fundamental disagreement between both parties.