In a ruling handed down on Friday, December 1st. Rex Burlison found that Missouri's 22nd Circuit Court in St. Louis had jurisdiction over the claim, even though Slemp did not reside in the state. In arguing against Johnson & Johnson's bid to toss the verdict, Slemp's attorneys had asserted that jurisdiction was appropriate, as the defendants had used a Missouri-based company to label, package and distribute their talc products. (Case No. JCCP4674)
Slemp was one of 59 plaintiffs named in the talcum powder lawsuit. The ruling also prevents Johnson & Johnson from appealing the decision to a higher court until the remaining plaintiffs' claims are resolved.
"This ruling is good news for other out-of-state plaintiffs with cases pending in the Missouri litigation. We are representing a number of women in similar talcum powder lawsuits involving Johnson & Johnson's products, and will continue to monitor this nationwide litigation for any developments that could impact our clients' claims," says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective medical devices, drugs and consumer products. The Firm is offering free legal reviews to women who were diagnosed with ovarian cancer that may be associated with Johnson & Johnson's talc-based powders.
Johnson & Johnson Facing 5,500+ Talcum Powder Lawsuits
Johnson & Johnson has been named a defendant in more than 5,000 talcum powder lawsuits nationwide, all of which were filed on behalf of women who allegedly developed ovarian cancer due to their long-term use of the company's Baby Powder and Shower-to-Shower products for feminine hygiene purposes. Plaintiffs claim that Johnson & Johnson has long been aware of research linking genital talc use to an increased risk of ovarian cancer, and accused the company of failing to warn the public of this alleged risk out of a desire to protect profits derived from its talcum powder products.
Jurors hearing Slemps's talcum powder lawsuit had awarded her $5.4 million in compensatory damages. Johnson & Johnson was found 99% liable for her injuries and assessed $104 million in punitive damages. The company's talc supplier, Imery's Talc America, was ordered to pay Slemp $50,000 in damages. (Case No. 1422-CC09326-01)
St. Louis, Missouri is home to one of the nation's largest talcum powder litigations. Since February 2015, plaintiffs in four talcum powder lawsuits have been awarded compensatory and punitive damages amounting to $110 million, $70 million, $72 million and $55 million. However, the $72 million verdict was dismissed in October, after a Missouri appeals court found that the state lacked jurisdiction over the case.
Women who were diagnosed with ovarian cancer following the long-term use of talc-based powder for feminine hygiene purposes may be eligible to file their own talcum powder lawsuit. To learn more, please visit Bernstein Liebhard LLP's website, or call 800-511-5092 to arrange for a free, no obligation case review.
About Bernstein Liebhard LLP Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3.5 billion on behalf of our clients. Bernstein Liebhard LLP is honored to once again be named to The National Law Journal's "Plaintiffs' Hot List," recognizing the top plaintiffs' firms in the country. This year's nomination marks the thirteenth year the firm has been named to this prestigious annual list.
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