Jurors Rule In Favor Of Johnson And Johnson In Talcum Powder Lawsuit

December 27, 2019 - /PressAdvantage/ - Johnson and Johnson received a favorable ruling in a lawsuit alleging that their baby powder formula caused ovarian cancer. On late friday, December 20, 2019, the jury ruled 9-3 in favor of Johnson and Johnson denying the allegation by a 56 year old woman, Vickie Forrest, who claimed that exposure to asbestos due to the use of their products for over 30 years caused her illness. Another key evidentiary ruling in a federal proceeding in which a large number of talcum powder cases have been collected could be handed down by a presiding judge in New Jersey any day now.

St. Louis courts, where the case was tried, have been historically friendly to the plaintiffs. Johnson and Johnson had lost a previous ruling there when St. Louis awarded $4.7 billion to the families who claimed that the baby powder contained asbestos which is known to cause cancer. The jury had awarded $25 million to each family that sued and $3.15 billion in punitive damages against Johnson and Johnson. The case is currently under appeal. In response to that verdict Johnson & Johnson said it was “deeply disappointed” in a “fundamentally unfair process that allowed plaintiffs to present a group of 22 women, most of whom had no connection to Missouri, in a single case all alleging that they developed ovarian cancer.”

An FDA warning in the fall of 2019 claimed that the agency found trace amounts of asbestos in a bottle of Johnson and Johnson baby powder. This led to a recall of around 33,000 bottles of baby powder. The company later rebuked the findings by performing its own testing by two independent labs and claiming that the FDA tests were flawed. This is the latest in a series of recent rulings that has gone in its favor. The FDA stood by its findings. Johnson and Johnson says that it performs routine tests to ensure that their products are asbestos free.

Talc is a clay mineral composed of hydrated magnesium silicate. During the mining, the deposits can be contaminated with asbestos. Asbestos is a carcinogen when inhaled or swallowed in microscopic powder form. The term “asbestos cancer” commonly refers to mesothelioma though it is also linked to ovarian cancer and other illnesses. Every year 2400 to 2800 people are diagnosed with it in the US. The first time the negative health effects of asbestos were studied was in the late 19th century. In the 1970s when the dangers of asbestos were widespread public knowledge, its use was reduced, was phased out starting in 1989 and was banned entirely in 2003.

The first case against Johnson and Johnson was filed by Deanne Berg in 2013. The suit alleged that Johnson and Johnson failed to warn consumers about the dangers of their product, especially when used in women’s genital area. On April 30, 2014, a class action lawsuit was filed against Johnson and Johnson in California for consumer fraud. That case is still ongoing. In the following years, multiple plaintiffs have been awarded multimillion dollar amounts in damages by the courts.The company currently faces personal injury litigation from over 100,000 plaintiffs. All of the lawsuits allege that the company failed to disclose to the public the risks associated with using talcum powder products, failed to conduct research on the connection between ovarian cancer and talcum powder after numerous reports of the same, failed to recall products, failed to warn of the cancer risks, and failed to research different formulas of their powder products to eliminate the use of talc.

Anyone who has been diagnosed with ovarian cancer and has been a lifelong user of talcum powder may have a case against the company. The victims or their family members can reach out to a legal team at www.talcumpowder.org for a free case evaluation. The website has a timeline of the discovery of the health hazards of talcum powder products and the corresponding history of litigation.

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