On the heels of Johnson & Johnson’s latest defense verdict in a talc ovarian cancer case in St. Louis City in December 2019 – the fourth consecutive verdict in its favor – comes another study that supports Johnson & Johnson’s long held position. Published in the Journal of the American Medical Association, the article entitled Association of Powder Use in the Genital Area With Risk of Ovarian Cancer found no statistically significant association between the use of powder in the genital area and incident ovarian cancer.

Continue Reading A Scientific Update: Ovarian Cancer and “Tainted Talc”

New Jersey based pharmaceutical, medical and consumer goods giant Johnson & Johnson has found itself at the center of national litigation conversation over the last few years due to explosive verdicts rendered against it over allegations that its talcum powder causes ovarian cancer and asbestos-related respiratory illnesses. In 2016 and 2017, Johnson & Johnson saw four verdicts in St. Louis ovarian cancer cases alone, with verdicts rendered in favor of the female plaintiffs of approximately $55 million, $70 million, $72 million and $110 million. Perhaps most shocking, however, was a $4.69 billion verdict obtained by twenty-two (22) different women suffering from ovarian cancer. In addition to $550 million in compensatory damages, the jury ordered Johnson & Johnson to pay $4.14 billion in punitive damages. Despite the trial itself exceeding six weeks, the St. Louis jurors reportedly reached their conclusion and verdict in less than one day. A Los Angeles jury ordered Johnson & Johnson to pay a California woman $417 million in damages in 2017, including $347 million in punitive damages.

Continue Reading Summary of 2019 Talc Verdicts

Recently, three asbestos cases, Lege, Chabaud, and Gaddy, have produced significant verdicts in Louisiana. Interestingly, Chabaud, a case of disputed asbestosis, produced the largest reported award for an asbestos personal injury claim in Louisiana history. Below is a brief summary of each of these matters.

Continue Reading Toxic Tort Monitor: Three Louisiana Juries Award Significant Verdicts in Asbestos Exposure Cases

The United States Supreme Court recently amended Federal Rule of Evidence Rule 807, the residual exception to the hearsay rule. These amendments significantly broaden the scope of the exception, which may lead to the admission of more hearsay statements under this rule.

Rule 807 provides for the admission of certain hearsay statements that are not admissible under the enumerated exceptions found in Rules 803 and 804. The previous version of the rule allowed for the admission of an otherwise inadmissible hearsay statement when the proponent could demonstrate that the statement was trustworthy, material, and more probative on the point for which it was offered than any other evidence the proponent could obtain through reasonable efforts, and that the admission of the statement was in the interests of justice.


Continue Reading Toxic Tort Monitor: Changes to Federal Rules of Evidence Broaden Hearsay Exception

On November 26, 2019, in Eileen Riebel, et al. v. 3M Company, et al. (Case No. 2015-L-002124), Cook County Judge Clare E. McWilliams granted a premises defendant’s personal jurisdiction motion in an asbestos matter finding that a contractual relationship between an out-of-state premises defendant and a decedent’s Illinois-based employer, by itself, was not sufficient to establish specific personal jurisdiction over the out-of-state defendant and did not meet the requisite minimum contacts with the state.

Continue Reading Toxic Tort Monitor: Cook County Court Finds Asbestos Plaintiff Failed to Establish Specific Personal Jurisdiction Over Out-of-State Premises Defendant

In Kardos v. Armstrong Pumps Inc. et al., 2019 PA Super 324, the Superior Court of Pennsylvania recently ruled that where a party is given the opportunity to cross-examine a witness who later becomes unavailable due to his death, such testimony meets the hearsay exception and is admissible evidence.

Decedent Nicholas Kardos was diagnosed with mesothelioma in January 2016. On March 10, 2016, Mr. Kardos filed a lawsuit against numerous manufacturers, suppliers, and users of asbestos products. In September 2016, Mr. Kardos executed an affidavit related to his work history and exposures to asbestos, after a site visit of a prior worksite. In October 2016, Mr. Kardos was deposed over three days, including cross-examination by defendants regarding his work history and exposures to asbestos containing products. Mr. Kardos passed away on November 3, 2016, before any party re-noticed the deposition.


Continue Reading Toxic Tort Monitor: Consider This When Afforded the Opportunity to Cross-Examine

In a consolidated appeal, the Georgia Court of Appeals recently looked at the proximate cause standard for asbestos cases in Davis v. John Crane. 2019 WL 5558711 (Ga. Ct. App. Oct. 29, 2019). In so doing, the appellate court declined to extend the U.S. Supreme Court’s recent decision in Air and Liquid Systems Corp. v. Devries to cases outside of a maritime tort context. While the Davis Court is not the first to analyze the DeVries decision, it is one of the first to hold that the case is exclusively limited to maritime torts.

Continue Reading Toxic Tort Monitor: Georgia Appellate Court Limits DeVries Application to Maritime Tort Cases

Recently, a Missouri Court of Appeals vacated a trial court’s award of $110 million in an ovarian cancer talc case, Slemp v. Johnson & Johnson, ED 106190 (Mo. Ct. App. Oct. 15, 2019). This is the third talc verdict handed down by a St. Louis jury overturned on appeal based on lack of personal jurisdiction in light of the United States Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 137 S. Ct. 1773, 198 L. Ed. 2d 395 (2017) (“BMS”).

Continue Reading Toxic Tort Monitor: Missouri Court of Appeals Vacates $110 Million Ovarian Cancer Talc Verdict

In August of 2019, following a seven-week bench trial, Judge Thad Balkman of Oklahoma’s Cleveland County District Court found biotech and healthcare company Johnson & Johnson responsible for sparking the state’s opioid epidemic through use of “disingenuous marketing schemes” used to drive the sale of its prescription painkillers. This ruling, which ordered Johnson & Johnson to pay the state of Oklahoma $572 million dollars in damages, resulted in the first ever successful lawsuit brought by the state against a defendant drug manufacturer stemming from a sole cause of action: public nuisance.

Continue Reading Toxic Tort Monitor: The Rising Trend of Public Nuisance in Large Scale Litigation

Recently, the Missouri legislature passed Senate Bill 224 outlining a brand new set of discovery rules for Missouri state-court cases. These new rules represent a comprehensive revision to the existing rules and make the Missouri rules align significantly with those of the Federal Rules of Civil Procedure. Under the Missouri constitution, the statute took effect on August 28, 2019 overriding the existing rules. However, the Missouri Supreme Court cannot promulgate a new rule with less than six months’ notice, which means that the new rule would not formally be in effect before March or April of 2020. Furthermore, the Supreme Court’s Rules Committee was recently advised that the Supreme Court has not updated its website to reflect the changes made in SB 224.

Continue Reading Toxic Tort Monitor: New Missouri Discovery Rules