A global pandemic won’t stop court proceedings for a Johnson and Johnson talc lawsuit as the company tries to dispute a $4.7 billion verdict over allegations that the talc use is associated with certain cancers.

On March 16, the Missouri Supreme Court canceled all oral arguments which were scheduled to take place in April. On the same day, the Eastern District Court of Appeal released a similar order – noting that parties with appeals in the court could reschedule if they still wish to hold oral arguments.

Recently, Johnson and Johnson motioned to reschedule oral arguments in their talc lawsuit appeal. The appellate court granted the request – scheduling oral arguments for April 24.

Although the oral arguments have been rescheduled, they will not resemble normal court proceedings. Only two lawyers for each side will be allowed to attend the arguments. People who wish to view the proceedings can do so through live streams to the court’s Facebook page or a video to be recorded and later posted on YouTube.

Johnson and Johnson maintains that their talcum products are completely safe and free of asbestos.

“We are grateful to the court for their time and look forward to a full appellate review,” Johnson and Johnson said in a statement. “We believe the trial was fraught with legal and evidentiary error and look forward to presenting those arguments to the court.”

Similarly, counsel for the plaintiffs is pleased to move forward in the appeals.

“The court has made a measured and responsible decision weighing the seriousness of [COVID]-19 with the truth that several plaintiffs have already died post trial, and those still alive are entitled to a just review of their cases,” a plaintiff attorney told Law360.

Johnson and Johnson Talc Lawsuit Allegations

The Johnson and Johnson talc lawsuit includes claims from 29 people, including women who developed cancer after using the company’s talc-based products. Allegedly, all of the women developed one type of cancer: ovarian cancer.

Ovarian cancer is a serious condition that can often go undetected until late stages due to its lack of early warning symptoms. Instead, symptoms usually don’t show up until the cancer has advanced to the pelvis and abdominal organs. These symptoms may include abdominal bloating, weight loss, pelvic discomfort, bowel and urination changes, and more.

Women in the Johnson and Johnson talc powder lawsuit claim that they developed the deadly cancer after using the company’s products. Allegedly, the products contain asbestos which, when used in the genital area, leads to the development of ovarian cancer.

In July 2018, the women and their surviving family members won a record-setting jury verdict of $4.69 billion after a six-week trial. The jury award included $4.14 billion in punitive damages and $550 million in other damages.

The damages were awarded to 22 women who developed ovarian cancer and their family members or other representatives.

In December 2018, Johnson and Johnson lost its bid to reverse the jury verdict. A Missouri judge found that “substantial evidence was adduced at trial of particularly reprehensible conduct” by Johnson and Johnson. The judge pointed to specific allegations that the company “knew of the presence of asbestos in products that they knowingly targeted for sale to mothers and babies, knew of the damage their products caused, and misrepresented the safety of these products for decades.”

However, the company continued to fight against the massive verdict and filed an appeal. This has reportedly been the company’s strategy in previous cases that have resulted in a favorable outcome for the plaintiffs.

Johnson and Johnson faces claims from thousands of plaintiffs regarding their talc powder products. The plaintiffs all bring similar allegations: the company’s talc powder products contain asbestos which puts consumers at risk for cancer.

In October, despite repeated statements from the company that their products contained no asbestos, Johnson and Johnson recalled a batch of their baby powder after testing revealed asbestos. Even in the midst of a recall, the company continued to assure consumers that their products were safe – saying that they use a “rigorous testing standard” to ensure the safety of their products.

“Thousands of tests over the past 40 years repeatedly confirm that our consumer talc products do not contain asbestos,” Johnson and Johnson said in a statement.

“Not only do we and our suppliers routinely test to ensure our talc does not contain asbestos, our talc has also been tested and confirmed to be asbestos-free by a range of independent laboratories, universities and global health authorities.”

The Johnson and Johnson Talc Lawsuit Appeal is Case No. ED107476 in the Missouri Court of Appeals for the Eastern District.