Talc Lawsuit Reinstated on Appeal

By James Parker
October 1, 2021

A California appeals court has restored a talc lawsuit against Johnson & Johnson after ruling the lower court had acted too hastily. The First District Court of Appeal in San Francisco has revived the case, arguing that there is enough evidence for either side to present before a jury. 

Douglas Strobel and his wife, Jo Ann Strobel, filed a lawsuit against Johnson & Johnson alleging that the talcum in the corporation’s baby powder contained asbestos during the 60 years that Douglas Strobel used the product before his passing.

The state court originally dismissed the Strobels’ case, stating that their medical witnesses lacked firsthand evidence that the talcum in J&J’s Baby Powder contained asbestos during the time Strobel used it.

Justice Jon Streeter, in a unanimous 3-0 ruling, stated that testimony of asbestos in the talcum ore tested, combined with government reports and academic studies that found talcum products may contain asbestos is sufficient to proceed with the case.

Justice Streeter wrote, “In the absence of evidence explaining how asbestos in the source ore would have been eliminated in the process of milling talc, that is enough to support more than a mere possibility that the accused product here... was a substantial factor in causing Doug Strobel to develop mesothelioma.”

Johnson & Johnson is now faced with the decision either to appeal to the state supreme court or begin moving forward with the Strobels’ case. 

If you or a loved one have been injured by talcum powder use, you may be entitled to recover damages. In order to get the compensation you are owed, you will need an experienced mass torts attorney.

A mass torts attorney can bring your case into existing MDLs and get you the opportunity to achieve your case’s best outcome. Additionally, a mass torts attorney can also advocate for your individual interests and remove your case from a settlement if you are not getting a fair offer. 

The best place to find an experienced mass torts attorney is Attorney at Law.

At AAL, our nationwide network of law firms and attorneys can match you with a mass torts attorney in your area. Our partners have the resources, legal expertise, and experience to go up against the largest corporations in the world and emerge von top.

In addition to a distinguished legal record, our partners excel in client care. We understand the stress of legal fees when filing a lawsuit. That’s why all our mass tort partners take cases on contingency. 

By taking cases on contingency, you pay nothing upfront and only have to pay a percentage of your winnings. That means if you don’t win, you don’t pay. 

Don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to justice. 

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