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“Beyond the Gateway Arch – Talc Litigation Update Eleven Months After Mammoth St. Louis City Jury Verdict,” American Bar Association Summer 2019 Newsletter

July 22, 2019
Lynn A. Lehnert

Associate Lynn A. Lehnert of the Intellectual Property practice group discusses an increase in the number of talc litigation cases following the July 2018 case involving 22 individuals against Johnson & Johnson and Johnson & Johnson Consumer Inc. In the case, the individuals involved accused the company of the development of ovarian cancer due to talc contaminated with asbestos. The jury awarded each of the individuals with $25 million, totaling $550 million in compensatory damages, along with punitive damages of $4.14 billion against Johnson & Johnson.

In “Beyond the Gateway Arch — Talc Litigation Update Eleven Months After Mammoth St. Louis City Jury Verdict,” Lynn discusses multiple talc litigation cases that have happened since the Johnson & Johnson case. She breaks up the case discussions into three topics: defense verdicts, mistrials, and nonsuits.

“By the company’s calculations, in the mesothelioma claims, approximately 63 percent of the plaintiffs allege exposure to asbestos through the use of cosmetics, 24 percent allege exposure in industrial occupational settings, and 13 percent allege both cosmetic and industrial exposure. Due to this bankruptcy, larger verdict shares could be apportioned to remaining defendants in any given case.”

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More about Goldberg Segalla’s Lynn Lehnert:
In intellectual property, toxic torts, and environmental matters, Lynn leverages her extensive training and experience in biology, chemistry, and physics. While in law school, Lynn focused her studies on energy law, patent law, and the emerging issue of gene patents. She had the unique experience of working on the Human Genome Project for two years as a laboratory assistant. Lynn’s experience also includes working on complex federal-state herbicide class actions, as well as asbestos matters. Lynn’s environmental experience also includes silica and diacetyl exposures as well as water contamination issues.