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Balancing Lawsuit Abuse & Protecting Victims in Louisiana: The Johnson & Johnson Talc Case

Tony Tramontana

Ovarian cancer is rare, accounting for just 1.3% of new cancer cases in the U.S. However, Johnson & Johnson, a pharmaceutical company worth an estimated $70 billion, is paying millions of dollars in damages to plaintiffs across the country that allege the company’s talcum powder and bathing products caused their ovarian cancer.

In February 2016, a family from Alabama was awarded $72 million after successfully bringing their case against Johnson & Johnson to trial in St. Louis. A few months later, Johnson & Johnson lost another $55 million lawsuit to a South Dakota woman who blamed the company for her ovarian cancer.

A Louisiana woman recently came forward with similar claims. Shintelle Joseph says she’s been using the product for 10 years and was recently diagnosed with ovarian cancer.

According to The American Cancer Society, talc is listed as a risk factor, but not explicitly, or without reservation. There are many contradictory studies regarding the regular use of talc, the best of which doesn’t make any certain claim one way or the other, and therein, lies the problem.

Protecting Against Lawsuit Abuse

The Louisiana Lawsuit Abuse Watch (LLAW), a nonprofit group based in Baton Rouge dedicated to stopping lawsuit abuse, believes there’s something else at work here. The organization is drawing awareness to the fact that without conclusive scientific evidence, Joseph’s case, along with similar ovarian cancer cases against Johnson & Johnson, may incite unsubstantiated fear and overburden our community’s legal resources.

Protecting Victims of Unsafe Products

However, victims of unsafe consumer products, negligence, or defective drugs must have a voice and access to a defense if we are to hold corporations accountable for their actions. Louisiana has a questionable history of judicial access (see our story on Glenn Ford), so it’s important that we protect all of our citizens, especially the most vulnerable members of our society.

Louisiana needs skilled personal injury lawyers to help victims put their lives back together after an accident or injury, but we should approach these opportunities without the use of controversial tactics.

Why It Matters

Aside from congesting the Louisiana court system, dubious personal injury claims have an impact on our state and economy. We need to help victims get back on their feet but without stagnating growth and development. In addition, dubious cases are vulnerable to being overturned by appellate courts.

Here at the Monroe Law Office of J. Antonio Tramontana, Attorney at Law, we’re dedicated to our client’s interests as well as maintaining an equitable judicial system in the state of Louisiana. We specialize in a range of Louisiana personal injury claims including medical malpractice and auto accidents. If you have questions, we at the Monroe Law Office of J. Antonio Tramontana, Attorney at Law, want to hear from you.

For a free case review, please fill out the form to the right, or call me directly at (888) 982-1290.

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