The onset of the coronavirus pandemic in the U.S. has caused considerable disruption in all facets of daily life, including litigation. Pharmaceutical giant Johnson & Johnson faces thousands of baby powder cancer lawsuits, and in order for proceedings to continue during the pandemic, what is reportedly the first virtual baby powder lawsuit trial was set for late October.

However, a California judge has declared the personal injury trial to be a mistrial after the plaintiff’s health fell into sharp decline. The plaintiff, a cancer patient alleging that exposure to Johnson & Johnson talcum powder caused his mesothelioma cancer, has since died.

Judge Stephen Kaus told the virtual jury about his decision to declare a mistrial after the plaintiff ended up in hospice care.

“For reasons that are somewhat complicated to explain, I don’t believe we can just continue the trial. A case after someone has passed away is different from a case where the plaintiff is alive,” said Judge Klaus. The trial had begun just a few days prior and was on its first witness.

At the point at which a mistrial was declared, the plaintiff had not yet passed away.

“But, in any event, we can’t go on with [the plaintiff] unable to communicate with his attorney,” said Judge Kaus.

There were reportedly technical glitches involved in the opening arguments of the trial, preventing some observers from watching in parts. On the second day of the trial, according to video of the trial that has since been archived online, Judge Kaus told jurors that if they needed better access to the trial, such as a Chromebook or a Wi-Fi hotspot, they should inform the court. While Judge Kaus did not say what had happened the previous day, he noted that “Everybody has to hear the whole trial, so this is a problem.”

The plaintiff, Rosalino R., turned 54 on the day the virtual trial began. He had been diagnosed with malignant mesothelioma of the stomach and chest at age 53, per the lawsuit. Malignant mesothelioma is a serious cancer tied only to exposure to asbestos, a carcinogenic mineral.

The baby powder lawsuit alleged that Rosalino had just two significant exposures to asbestos during his life: one of them to talcum powder allegedly contaminated with asbestos, and the other to brake dust. Rosalino names not just Johnson & Johnson as defendants, but also the companies related to Rosalino’s brake dust exposure.

Despite the thousands of lawsuits that have so far been filed against Johnson & Johnson alleging its talcum powder is contaminated with asbestos and can cause cancer—around 21,800 in total, as of Sept. 27—the company maintains that its talcum powder is safe. Some lawsuits have also been leveled against the company alleging that it misled the market with regard to the safety of its talcum powder products.

Johnson & Johnson has stopped selling its talc-based baby powder in the U.S. and Canada.

Filing a Baby Powder Lawsuit

A growing number of plaintiffs are coming forward with litigation against Johnson & Johnson, alleging that the company had been aware of asbestos in its baby powder for decades, placing customers at risk of developing mesothelioma cancer, ovarian cancer, and other cancers connected to asbestos.

If you or someone you love has been diagnosed with ovarian cancer, mesothelioma, or another type of cancer after exposure Johnson & Johnson’s talc-based baby powder products, you may be able to fpursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by a cancer diagnosis, nor can it bring a loved one back to life, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a baby powder lawsuit claim, navigate the complexities of litigation, and maximize your potential compensation.

The Asbestos Cancer Lawsuit is Case No. RG20052391, in the Superior Court of California, Alameda County.