R. Allen Smith is one of a team of southern baby powder lawyers from Alabama and Mississippi law firms who worked to bring the first baby powder cancer lawsuit award to fruition. In a breaking story this week, R. Allen Smith and others won $72 million in combined damages for plaintiff Jackie Fox. This baby powder lawsuit verdict represents the first time a jury has ordered Johnson & Johnson to pay a talcum powder cancer award; the Mississippi law firm behind this baby powder cancer lawsuit outcome has set a precedent for Johnson's baby powder claims underway throughout the South and around the United States.
In a four-hour deliberation, the jury found Johnson & Johnson guilty of counts of conspiracy, fraud and negligence related to its Johnson's Baby Powder and Shower to Shower products. Internal company documents produced by R. Allen Smith in the baby powder cancer lawsuit revealed J&J officials had known of research linking talcum baby powder and ovarian cancer since the 1980s. Internal memos from that period of time, accessed by the Mississippi law firm, indicated the company devised a strategy to counter the baby powder cancer research with its own team of ovarian cancer experts and baby powder advertising, according to court documents. For these actions, the jury found Johnson and Johnson guilty of conspiracy in the baby powder lawsuit outcome. Fraud and negligence charges were linked to the company's failure to warn women of the baby powder cancer link, instead continuing to market Johnson's Baby Powder and Shower-to-Shower as safe for daily use by women.
"When the deadly risk became known within the company, a choice had to be made. They could warn customers of the dangers or use a substitute for talc or hide the risk and keep on selling," explained R. Allen Smith of his Mississippi law firm, The Smith Law Firm. "Johnson and Johnson chose to hide the risk and keep selling. Ms. Fox and many other women have paid and will pay with their lives."
Ms. Fox passed away last year, just months before her baby powder cancer award was determined. Ms. Fox battled ovarian cancer for nearly three years. She learned of the link between talcum powder and ovarian cancer through advertising from Mississippi law firm groups raising awareness of the danger. R. Allen Smith first represented Ms. Fox, and after her death at the age of 62, her son Marvin Salter, who pursued the case in his mother's name. According to Salter, his mother sought a baby powder cancer settlement as a means to warn other women of the risk of ovarian cancer form Johnson's Baby Powder and Shower to Shower.
Mississippi law firms trying Johnson's baby powder cases are accepting new claims from women and the family members of women who have been diagnosed with ovarian cancer and have a history of using Johnson's Baby Powder and Shower to Shower.
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