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Tim Larkin

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Tim is a toxic tort and product liability attorney passionate about the benefits the law provides. His practice focuses on the defense of complex, multi-party civil cases, including all aspects of product liability, consumer fraud and mass toxic tort. Tim sees the law as a strategy game: his understanding of the science, medical issues, factual investigation and complexity of toxic tort claims help him craft legal arguments and plan the best defense possible for clients to achieve a successful resolution.

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Missouri flag with gavel toxic tort verdictOn May 12, 2020, the Missouri legislature passed Senate Bill 591 (SB 591), which provides major changes related to how punitive damages are assessed in civil and medical malpractice actions and brings significant reform to the Missouri Merchandising Practices Act (MMPA), Missouri’s consumer protection law. Missouri Governor Mike Parsons is expected to sign the bill shortly.

St. Louis

On the heels of Johnson & Johnson’s latest defense verdict in a talc ovarian cancer case in St. Louis City in December 2019 – the fourth consecutive verdict in its favor – comes another study that supports Johnson & Johnson’s long held position. Published in the Journal of the American Medical Association, the article entitled Association of Powder Use in the Genital Area With Risk of Ovarian Cancer found no statistically significant association between the use of powder in the genital area and incident ovarian cancer.

Last year, a St. Louis city jury sent shock waves across the world, awarding 22 plaintiffs nearly $5 billion in compensatory and punitive damages in a lawsuit against Johnson & Johnson over claims its asbestos-contaminated talcum powder caused ovarian cancer in women who used the company’s product for years in the case of Ingham v. Johnson & Johnson, No. 1522-CC10417 (Mo. Cir. Ct. St. Louis City July 12, 2018). Prior to trial, Imerys Talc America Inc., a co-defendant supplier of talc to Johnson & Johnson, settled plaintiffs’ claims for at least $5 million.[1]

While previous ovarian cancer trials hinged on arguments that talc itself is carcinogenic, plaintiffs in Ingham argued their cancer was caused by asbestos particles mixed in with the talc. The impact of this verdict and similar previous decisions across the country has been damaging enough to prompt talc supplier Imerys Talc America Inc., to file for Chapter 11 bankruptcy, citing a lack of financial clout to defend lawsuits alleging that Imerys’ talc caused ovarian cancer or asbestos-related mesothelioma.[2]