DE The Court is Back in Session, Virtually for Talcum Powder | Fears Nachawati Law Firm | Fears Nachawati Law Firm
Live Chat
During This Challenging Time

We are open for business and remain dedicated to your case! All those working on-site and remotely are still available to answer your questions. The well-being of our clients and staff are vital, so we will provide updates as the situation progresses.

During This Challenging Time Close

The Court is Back in Session, Virtually for Talcum Powder

November 3, 2020


The first trial involving Johnson & Johnson’s (J&J) talc-based products since the nationwide COVID-19 shut down in March and the first talc trial were held virtually over Zoom began last week in California state court.

J&J and other defendants opposed holding the trial virtually, but the judge, in this case, pressed forward with the current talcum powder trial in light of the Plaintiffs’ rapidly failing health. The case received expedited consideration after being filed less than a year ago.

In addition to J&J, defendants also include retailers Safeway, CVS-owned Longs Drugs, and Lucky Stores, along with O’Reilly Auto Parts and Bendix Corporation.

In many ways, the proceedings seemed familiar compared to the numerous cosmetic talc trials to date. The plaintiff attorney told jurors remotely in his opening statement that his client suffers from advanced mesothelioma, a form of cancer commonly associated with asbestos exposure. The attorney said evidence would show his clients’ only asbestos exposure came from decades of using J&J’s cosmetic talc products like baby powder and a specific type of brake dust.

The plaintiff spent years doing auto-repair work as a hobby. He asked jurors to award an unspecified amount of damages in the millions, arguing that J&J, the retail stores, and automotive defendants knew about the dangers of asbestos in their products but failed to warn consumers. The attorney representing J&J argued that the plaintiffs’ cancer was not caused by exposure to J&J’s products and that J&J’s talc never contained asbestos. She disputed the accuracy of testing results provided by the plaintiff’s attorney.

The innumerable variables associated with an entirely virtual trial move this case into mostly uncharted territory. So far, the proceedings moved along without incident, with attorneys for the retailers and automotive companies still to deliver their opening statements.

The daily trial proceedings are closely monitored by parties attorneys to determine the practicability of virtual trials for talc cases. Despite J&J settling 1,000 talc cases earlier in October for $100 million, thousands of more talcum powder cases are pending throughout the country.

CONTACT US

Use the form below to send us a note, call us at 214.890.0711 or chat with us live. We are eager to help with your legal needs. Please keep in mind that any unsolicited information sent through our website cannot be treated as confidential. Contacting us through this site does not create a representation relationship with Fears Nachawati.

Contact Us

Locations

With offices in Texas, Florida and Colorado and attorneys licensed in Texas, Florida, Colorado, Arkansas and Oklahoma, Fears Nachawati is dedicated to attaining the best possible solutions for our clients’ business and personal needs. We strive to be professionals who are creative, empathetic and reliable.

All Areas Served

We Can Help

Contact Fears Nachawati today

Free Consultation

Live Chat (Online Now)