Talcum Powder Lawyers Win For Ovarian Cancer Victim
J&J Has Been Ordered to Pay $417 Million
(Reuters) – A California jury on Monday ordered Johnson & Johnson to pay $417 million to a woman who claimed she developed ovarian cancer after using the company’s talc-based products like Johnson’s Baby Powder for feminine hygiene.
The Los Angeles Superior Court jury’s verdict in favor of California resident Eva Echeverria was the largest yet in lawsuits alleging J&J failed to adequately warn consumers about the cancer risks of its talc-based products.
“We are grateful for the jury’s verdict on this matter and that Eva Echeverria was able to have her day in court,” Mark Robinson, her lawyer, said in a statement.
The verdict included $70 million in compensatory damages and $347 million in punitive damages. It was a major setback for J&J, which faces 4,800 similar claims nationally and has been hit with over $300 million in verdicts by juries in Missouri.
“We will appeal today’s verdict because we are guided by the science, which supports the safety of Johnson’s Baby Powder,” J&J said.
Echeverria’s lawsuit was the first out of hundreds of California talc cases to go to trial.
The 63-year-old claimed she developed terminal ovarian cancer after decades of using J&J’s products. Her lawyers argued J&J encouraged women to use its products despite knowing of studies linking ovarian cancer to genital talc use.
J&J’s lawyers countered that studies and federal agencies have not found that talc products are carcinogenic.
The trial follows five prior ones in Missouri state court, where many lawsuits are pending.
J&J lost four of those trials and, along with a talc supplier, has been hit with $307 million in verdicts. Before Monday, the largest verdict was for $110 million.
The Missouri cases, which have largely been brought by out-of-state plaintiffs, have faced jurisdictional questions after the U.S. Supreme Court issued a ruling in June that limited where personal injury lawsuits can be filed.
In a decision in a case involving Bristol-Myers Squibb Co, the Supreme Court said state courts cannot hear claims against companies that are not based in the state when the alleged injuries did not occur there.
The ruling prompted a St. Louis judge, at New Jersey-based J&J’s urging, to declare a mistrial in the talc case already underway.
The judge has nonetheless left the door open for the plaintiffs to argue they still have jurisdiction based on a Missouri-based bottler J&J used to package its products.
The case is Echeverria et al v. Johnson & Johnson, Los Angeles Superior Court, No. BC628228.
(Reporting by Nate Raymond in Boston; Editing by Matthew Lewis and Paul Simao)
If you or a loved one used Johnson and Johnson Talcum Powder products for over five years on or near the genital area and now have a diagnosis of ovarian cancer or fallopian tube cancer contact The Talcum Powder Lawyer Helpline today.
Johnson and Johnson Facing Potentially 1000’s Of Ovarian Cancer Lawsuits
Johnson and Johnson won a fourth talcum powder lawsuit but, had three judgements of $72 million, $70 million and $55 million. Our lawyers have filed dozens of talcum powder lawsuits on behalf of women who claim they got ovarian cancer from Johnson & Johnson’s talcum based powders. A fifth talcum baby powder lawsuit was heard in the 22nd Circuit Court in St. Louis, Missouri, on April 10th. The jury heard the case of Lois Slemp, who alleges that she developed ovarian cancer as a result of long term use of talc powder found in feminine hygiene products made by Johnson & Johnson (J&J).
A California state court judge will convene a 5-day “Sargon” hearing, California’s equivalent of a Daubert proceeding, to determine the admissibility of expert witness testimony. This could be as significant as a trial itself, after a New Jersey state court judge in October nixed testimony from two key expert witnesses for the plaintiff, scuttling what was set to the first talcum powder trial in the state. That decision remains on appeal.
Depending on the outcome of the June hearing, a bellwether trial is scheduled for July in Los Angeles, along with another trial scheduled that same month in Washington D.C. Superior Court. .
The case is captioned Valerie Swann, et al. v. Johnson & Johnson, et al. case number 1422 CC09326-01 in Missouri’s 22nd Judicial Circuit Court.
Talcum powder cases continue in Federal court. About 134 cases are on file in the District of New Jersey Federal Court. The parties have been discussing various topics, including a protective order, a preservation order and other legal issues. A preservation order is where a plaintiff has to store physical or biological evidence for use in trials.
Johnson & Johnson reported in a recent filing with the U.S. Securities & Exchange Commission (SEC) that it has been named a defendant in at least 3,100 product liability claims. These lawsuits are claims by women that Baby Powder and Shower-to-Shower talc-based powders contributed to them getting ovarian cancer.
If you think you have a diagnosis of ovarian cancer due to your use of Baby Powder or Shower To Shower contact us today
Talcum Powder Lawsuit Helpline has a Network of Talc, Talcum Powder and Baby Powder lawyers. The helpline is receiving calls from woman on a daily basis between the ages of 40 and 66. It becomes apparent that the current surge in ovarian cancer fit in the exact age groups of thousands of women who used Talcum Powder on a daily basis in the 60’s – 80’s. It also becomes apparent that the J & J focus on the Hispanic and Afro American community in their marketing can be seen in the numbers of women with an ovarian cancer diagnosis.
The Ovarian Cancer Age Statistics
Ovarian cancer rates are highest in women aged 55-64 years. The median age at which women are diagnosed is 63, meaning that half of women are younger than 63 when diagnosed with ovarian cancer and half are older.
Explore The History
In the 1990s Johnson and Johnson increased marketing to African-American and Hispanic women. Studies show a 44 person increased risk for epithelial ovarian cancer with genital talc use among African-American women. Imerys Talc America, the supplier of talc to Johnson and Johnson, has carried a warning label against genital use on its 2,000-pound supply bags since 2006.
Talc is a mineral substance that’s either mined or produced. It is used in different cosmetic and beauty products. It can be found in baby powders. It can sometimes be contaminated with asbestos. There are many company’s now manufacturing talc free products for a reason. Even Johnson & Johnson has been manufacturing new ” safe” products with cornstarch, silk powders, and finely milled oats.
Symptoms Of Ovarian Cancer
Loss of appetite
If you or a family member now has a diagnosis of ovarian cancer and used Baby Powder, Talcum Powder or Talc Powder on a daily basis contact the Talcum Powder Helpline.