Talcum Powder Case Update – August 2020

The talcum powder cases against Johnson & Johnson continue to ramp up.  In New Jersey, both the state court cases and the MDL have seen some movement over the last few months.  In the State of New Jersey, the Superior Court overturned a prior grant of summary judgment in favor of Johnson & Johnson, finding that the judge acted as fact finder in determining the sufficiency of the Plaintiffs’ scientific evidence as opposed to gate keeper.  This case cuts down a key ruling that bolsters Johnson & Johnson’s argument that plaintiffs are relying on “junk science.”

In the New Jersey MDL, the vast majority of plaintiffs’ experts and their opinions survived the Daubert hearing, and the litigation is continuing with bellweather cases.  Each side is currently in the process of choosing their cases while the court chooses some as well.  It is anticipated that those cases will be tried in 2021/2022.