Plaintiffs In New Mexico Oppose Motion To Stay Talcum Powder Lawsuit Proceedings
October 13, 2016 – – TheProductLawyers.com reports on arguments by plaintiffs in a New Mexico talcum powder case to oppose the motion to stay proceedings in the lawsuit.
According to HarrisMartin Publishing, New Mexico plaintiffs who have had their cases moved to federal court have opposed a recent motion to stay proceedings. The plaintiffs argue that “because the court lacks subject matter jurisdiction over the matter, it cannot rule on the pending motion to stay.” The opposition brief, which was filed on Aug. 23 in the U.S. District Court for the District of New Mexico, also mentioned that should the court find that they have jurisdiction, it would be unfairly prejudicial to the plaintiffs who are seeking a timely trial.
The first talcum powder lawsuit was filed in 2009 by a woman from Sioux Falls, South Dakota. The plaintiff was diagnosed with ovarian cancer in 2006 when she was 49 years old, according to an article by Huffington Post. The plaintiff filed the complaint claiming Johnson & Johnson should be held accountable for gross negligence and fraud. Though a jury confirmed the association between cancer and talcum powder, the plaintiff was offered no compensatory damages.
Many women have claimed that the use of Johnson & Johnson’s powder for feminine hygiene purposes has been directly linked to their development of ovarian cancer. Thousands of plaintiffs have filed suits so far concerning the alleged effects of these powders. Many have already been awarded millions of dollars in compensation and lawsuit numbers are continuing to grow. Most of the filed cases are pending in a Missouri federal court, while others have been filed in New Jersey, where Johnson & Johnson is headquartered.
Banville Law has many years of experience fighting large pharmaceutical companies who have put dangerous drugs and devices onto the market, foregoing public safety for corporate greed.
The firm is looking to assist those who believe they have been directly affected by the use of Johnson’s talcum powder. Affected individuals may be entitled to financial compensation and legal action. Banville Law is currently offering free consultations to individuals who qualify.
For more information, to schedule a consultation or to ask questions contact Banville Law at (888) 976-6742.
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