Florida Woman Files New Baby Powder Lawsuit
A woman diagnosed with ovarian cancer has filed a talcum powder lawsuit against Johnson & Johnson for allegedly failing to warn her of the cosmetic's medically researched cancerous properties.
Wednesday, August 31, 2016 - A woman in Florida has filed a Johnson & Johnson's baby powder lawsuit claiming the health care company was aware of the potentially carcinogenic risks associated with their popular cosmetic. The claim was filed on August 12 in the U.S. District Court for the Middle District of Florida and is one of the most recent of more than 1,200 talcum powder cancer lawsuits currently pending nationwide. More than 20 medical studies have discovered an increased risk in ovarian cancer associated with regular talcum powder use.
The plaintiff in the lawsuit is named Diana Shinske and unlike many of her fellow claimants was alive at the time of the filing. A good number of plaintiffs who allegedly contracted ovarian cancer from Johnson & Johnson talcum powder products have already passed away from the disease and are represented by spouses and family members. Ms. Shinske was able to file her own claim against the company, and if the case progresses to trial will be able to testify on her own behalf.
The effect of having a living plaintiff is poignant in the courtroom, but also holds the possibility to be construed by the jury as a claim that is less severe than one that ended in death. In 2016, two separate plaintiffs had their talcum powder ovarian cancer lawsuits brought to trial. Both plaintiffs had their cases heard before the City of St. Louis Circuit Court and were represented by talcum powder lawyers working with similar evidentiary resources. However, the outcomes were notably dissimilar.
The woman who filed a claim herself and was able to testify at the trial received a favorable ruling from the jury and was awarded a combined $55 million in punitive and compensatory damages. Though a sizeable haul, it is dwarfed by the $72 million in combined damages awarded to the plaintiff who passed away before her trial. Though the plaintiff that was awarded the larger sum of damages was alive to file the suit, she passed away a few months before the trial began. This development may have had an impact on the disparity between the two awards given by the jury.
There was also a third woman who received a favorable ruling from a jury in the first talcum powder cancer lawsuit to go to trial in 2013. She was alive at the time of her hearing and was awarded no damages, although it is notable that a significant amount of evidence had been discovered since her case was heard.
The Johnson & Johnson's baby powder lawsuit filed by Ms. Shinske may never make it to trial, however, as the massive loses by Johnson & Johnson in the first two lawsuits this year may eventually persuade the company to seek a lump sum settlement to prevent similar awards from being bestowed upon plaintiffs in the future. A number of talcum powder attorneys predict that if juries continue to side vigorously with plaintiffs to the tune of 10-digit awards, the Johnson & Johnson will have no choice but to avoid trials and offer settlements to those who file legitimate claims. The recent development of a motion to transfer the talcum powder cancer lawsuits into multidistrict litigation, which will be heard by the Judicial Panel on Multidistrict Litigation on September 29, only assists the potential of an eventual lump sum settlement.
OnderLaw, LLC -