CVN screenshot of plaintiff attorney Ben Braly delivering his opening statement
Bridgeport, CT - The first trial in Connecticut involving Johnson & Johnson’s cosmetic talc products began with opening statements Wednesday, and the full trial is being webcast and recorded gavel-to-gavel by Courtroom View Network.
The trial, taking place amidst J&J’s ongoing efforts to settle thousands of talc-related ovarian cancer lawsuits, involves a male plaintiff who alleges he developed mesothelioma due to inhaling asbestos allegedly present in Johnson’s Baby Powder.
Evan Plotkin argues he developed mesothelioma in 2021 at the age of 64 after years of using talc-based cosmetic products, however J&J - which denies their talc products ever contained asbestos - maintains his mesothelioma likely did not develop from asbestos exposure but rather from a family medical history that supposedly made him more likely to get cancer.
Plotkins is represented by Dean Omar Branham Shirley, a Dallas-based firm that has taken the lead nationally over recent months in taking J&J talc mesothelioma cases to trial. The Connecticut case marks the fifth consecutive talc mesothelioma trial for the firm. That record includes plaintiffs verdicts in talc cases in Oregon and South Carolina which were also filmed by CVN and are available as part of CVN’s online trial video library.
CVN has recorded the vast majority of cosmetic talc trials to date, including both ovarian cancer and mesothelioma cases.
Dean Omar attorney Ben Braly, who delivered the plaintiff opening statement, told jurors J&J knew for years that their talc products posed a health risk due to supposedly containing asbestos but failed to warn consumers for fears of compromising sales of a popular brand.
Delivering his opening statement on behalf of J&J, Orrick Herrington & Sutcliffe partner Bill Oxley told jurors Plotkin’s mesothelioma is currently in remission even though he initially delayed chemotherapy to pursue alternative holistic treatments. Oxley argued that would not be possible if Plotkin’s cancer was indeed caused by inhalation of asbestos fibers.
CVN screenshot of defense attorney Bill Oxley delivering his opening statement
The trial is being closely watched, both due to being the first in Connecticut and also as a potential indicator of whether or not J&J will eventually strike a large-scale settlement of talc mesothelioma claims like the company is working towards with ovarian cancer talc cases.
CVN’s gavel-to-gavel coverage, including all witness testimony, will continue for the duration of the proceedings.
The case is captioned Plotkin v. Johnson & Johnson, case number FBT-CV21-6109520-S.
E-mail David Siegel at dsiegel@cvn.com