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California Plaintiffs Refile Talcum Powder Asbestos Lawsuit to Include Additional Defendants

Posted by Michael Throneberry | Jan 18, 2020

A group of seven California plaintiffs recently signaled their intention to a federal court to refile their talcum powder asbestos cancer lawsuit against pharmaceutical and cosmetics giant Johnson & Johnson in order to include additional defendants who may be at fault for causing their asbestos-related conditions. The federal district court judge hearing the case granted plaintiffs their motion to dismiss the case and include plaintiffs such as Claire's and Valeant Pharmaceuticals over those companies' negligence for not placing appropriate warning labels on their products.

The plaintiffs sought the request after the judge hearing the case disallowed the group to make any further amendments to the complaint originally filed only against Johnson & Johnson over claims that it negligently marketed its talc-based products such as Baby Powder and Shower to Shower. The plaintiffs originally filed their complaint in U.S. District Court for the Central District of California, claiming that the group developed serious, asbestos-related medical conditions as a result of using Johnson & Johnson's talc products.

The judge hearing the case allowed the group to dismiss their claims, without prejudice, with the added condition that they pay for the legal fees incurred by Johnson & Johnson in the first iteration of the lawsuit. However, the judge cautioned Johnson & Johnson against “overlawyering” in an attempt to inflate the costs of the case as a retaliatory measure against the plaintiffs. The federal judge himself will decide the total amount of legal fees owed to Johnson & Johnson.

Johnson & Johnson faces thousands of asbestos cancer lawsuits across the country brought by plaintiffs who claim they developed serious forms of cancer from using talcum powder products contaminated with asbestos fibers. Although talc does not contain asbestos, the two are both naturally occurring minerals found in deposits side by side, which can lead to cross contamination if proper precautions are not taken during mining and post processing.

Thus far, juries across the country have awarded over $5 billion in total compensation to plaintiffs who claim they or their deceased loved one developed a deadly cancer, including many who claim they developed mesothelioma. Mesothelioma is a rare and deadly form of cancer which commonly affects the thin lining of tissue surrounding the linings of vital organs such as the heart, lungs, and abdomen before spreading throughout the patient's body.

Even as the plaintiffs' verdicts begin to pile up, Johnson & Johnson and other defendants who sold asbestos-contaminated talc products refuse to settle claims and compensate victims for the harm suffered. Johnson & Johnson's former co-defendant in many of the same talcum powder cases, Imerys Talc USA, recently filed for bankruptcy to avoid much of its liability.

Arizona Mesothelioma Lawyer

 If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.

About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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