The first trial in Connecticut involving Johnson & Johnson’s cosmetic talc products has begun, marking a significant legal challenge for the company.
The lawsuit, which relates to the case of Evan Plotkin, a 64-year-old Springfield man who says his use of J&J’s baby powder from infancy caused his mesothelioma, was filed in Berkeley after the U.S. Supreme Court handed down its ruling on March 23. The trial may also constitute a precedent in legal claims of asbestos contamination in Johnson & Johnson’s cosmetic talc products, for which the company faces thousands of suits across the United States.
Key Takeaways
- Connecticut’s first cosmetic talc trial could have large legal implications for Johnson & Johnson and cases in the future.
- The suit was filed by a plaintiff Evan Plotkin suffering from mesothelioma which he claims resulted from his long-term use of J&J’s talc-based baby powder.
- J&J says its talc products never contained asbestos.
- The verdict in this case could influence future mesothelioma lawsuits, particularly those alleging exposure to asbestos from cosmetic talc products.
Allegations of Asbestos Exposure In Plotkin Case
Evan Plotkin says he developed mesothelioma in 2021 as a result of using Johnson & Johnson’s talc products, with an emphasis on Johnson’s Baby Powder. The plaintiff says those products all contained asbestos, which caused his cancer. Dean Omar Branham Shirley, a firm where Plotkin’s legal team hangs their hats, has been involved in many talc-related cases and has seen success in other states.
J&J has denied those accusations, claiming that Plotkin’s cancer could have been because of a family history rather than being caused by asbestos exposure. Much of it will come down to the trial, where this defense could be supported or rejected in a court of law.
The case is part of a larger legal battleground Johnson & Johnson is fighting over asbestos contamination in its talc products, with lawsuits involving both mesothelioma and ovarian cancer. The company has also been fighting a barrage of lawsuits nationwide despite reformulating its baby powder with cornstarch.
Rising Mesothelioma Cases Among Senior Women
A back-and-forth legal battle continues to play out as more women who used talc decades ago are being diagnosed with mesothelioma, a cancer typically caused by long-term asbestos exposure. Because mesothelioma has a latency period of 20-50 years, those exposed to asbestos in their youth are diagnosed today.
How This Trial Links to Rising Mesothelioma Cases
Now, even senior women are being diagnosed with mesothelioma as a result of using talc-based products as children. Exposure to asbestos in talc is a major factor and J&J has been taking the heat for numerous allegations.
Potential Impact on J&J and Future Cases
As Connecticut’s first trial involving talc-based products, the Plotkin case could be a bellwether for future mesothelioma trials. If J&J loses, it may prompt a wave of settlements or influence the outcome of thousands of pending lawsuits. The company’s legal strategy, which has involved tactics like the “Texas two-step” bankruptcy, is also facing further scrutiny.
J&J could face more legal pressure should additional mesothelioma cases arise, especially among older women who have used talc-based products.
