The next Talcum Powder trial is scheduled to begin on April 10, just over a month after a jury awarded Johnson & Johnson (J&J) its first win in four St. Louis Talcum Power trials. Three of the four trials have resulted in plaintiff verdicts with juries ordering J&J to pay almost $200 million for their actions including their failure to warn consumers of the risks associated with talcum powder.
Lois Slemp – the plaintiff in April’s upcoming trial – has been diagnosed with Stage III(c) ovarian cancer with a recurrence and metastasis to her liver. Like the four plaintiffs before her, Slemp claims she developed ovarian cancer after years of using J&J’s talcum powder products for genital dusting.
In this particular case, chemotherapy has weakened the lining of the plaintiff’s heart so severely that she suffered a heart attack in early December. The heart attack rendered her incapable of undergoing surgery for resection of the liver metastasis, leaving her no choice but to undergo additional chemotherapy and risk another heart attack.
Also of particular interest is that Slemp’s case is another defense pick. The selection of plaintiffs typically alternates between parties, but this case is an exception. Slemp’s attorneys made a motion in December 2016 to have her case advanced to trial due to her fragile health. J&J opposed that motion, arguing that it would be unfair to “thwart any fairness initially envisioned” by the court. The defense also argued that the February 2017 trial has always been a single-Plaintiff defense pick trial and defendants have chosen Plaintiff Nora Daniels.
In January the court rejected the motion to advance Slemp’s case. The Daniels trial proceeded as scheduled and resulted in J&J’s first Talcum Powder victory in the Circuit Court for St. Louis City. The court has since decided to grant Slemp’s motion to advance to make sure she gets her day in court.
Stay tuned with GoldenbergLaw for developments on the upcoming trial.