Tighe Wilhelmy with Velawcity here to discuss the recent decision by the Supreme Court that is already causing a ripple effect across the country. The Supreme Court ruled 8-1 on a Plavix blood thinner case with Bristol Myers on Monday June 19th, 2017 which significantly limits where plaintiffs can file their cases. The ruling means state courts can’t hear claims against companies where the alleged injuries didn’t occur in that particular state. A similar ruling was made by the Supreme Court again on May 30th involving out-of-state injury claims against BNSF Railway Company.
However, immediately following the ruling on June 19th, St. Louis Judge Rex Burlison declared a mistrial for the Talcum Powder bellwether trial that was taking place against Johnson & Johnson. The basis for this decision was that (2) out of (3) plaintiffs were out-of-state.
It remains to be seen exactly what will happen to previous Talc verdicts, but the (4) bellwether plaintiff verdicts to date were out-of-state plaintiffs, totaling $307 Million, and are now subject to potential retrials. This will be influenced significantly by whether or not the plaintiff’s attorneys sufficiently argue that Missouri is a justified venue due to Johnson & Johnson using a talc packaging and labeling factory in Missouri.
That’s all the information for this update. Please give us a call if you have any questions. I’m Tighe Wilhelmy and thanks for watching.