CMBG3 Law reported last week that the first asbestos-contaminated talcum powder trial in California began trial, but was cut short two days into the trial as the judge declared a mistrial. This week, a new jury was seated and trial began yesterday. In the case, plaintiff, Tina Hereford, claims that she used Johnson & Johnson’s Baby powder product in the 1950s and the company’s Shower-To-Shower product for decades until the 1980s. She also used the talcum powder product on her children until 1993. In October of 2016, Hereford was diagnosed with mesothelioma (a rare form of cancer affecting the lung lining), which she attributes to asbestos-contaminated talc in Johnson & Johnson’s products.
Plaintiff contends that Johnson & Johnson knew that the talc that it used in its products contained asbestos as early as the start of the 20th century up until the 1970s. Plaintiff further claims that Johnson & Johnson took active steps to conceal this information from the public. Johnson & Johnson denies that it concealed any information from the public and further contends that the studies that plaintiff relies on to suggest that the talc used in Johnson & Johnson’s products contained asbestos were not taken from the same sources from which Johnson & Johnson obtained its talc for the products used by Hereford. Johnson & Johnson will argue to the jury that Hereford’s mesothelioma was caused by 30 sessions of radiation that she underwent in 1998 to treat her breast cancer.
The attorneys at CMBG3 Law LLC have represented clients in talc, products liability, and toxic tort matters for many years. We provide the most current advice by staying informed of legal, scientific and medical developments regarding a wide variety of substances and products, including talc-containing products, used by consumers every day. If you have any questions or would like more information, please contact John Gardella (email him or 617-936-4353).