Johnson's Baby Powder Re-Trial Underway

The estate of a South Carolina woman claims that Johnson's Baby Powder caused her to die from mesothelioma

Monday, November 12, 2018 - The re-trial of Johnson & Johnson has begun in Darlington South Carolina in the May 2018 case of a plaintiff claiming that asbestos found in Johnson's Baby Powder caused his mesothelioma. The original case brought by the 30-year old attorney Bertila Boyd-Bostic required a unanimous decision but ended in a hung jury (8-4 in favor of the plaintiff) resulting in a mistrial. Ms. Bostic died while the case was pending and her husband continued with the lawsuit claiming his wife developed mesothelioma from inhaling fumes from Johnson's Baby Powder. The second trial is expected to take around 2 weeks.

Mesothelioma is cancer that is linked to inhaling asbestos fibers. Bostic's attorneys argued that trace amounts of such asbestos can be found in Johnson's Baby Powder and Shower to Shower products. JNJ's talc supplier and co-defendant, Imreys Inc., settled the case with the plaintiff for an undisclosed amount prior to going to trial.

According to an article in Reuters.com, attorneys for Johnson & Johnson defended the safety of their cosmetic products. "there was no evidence in Boyd-Bostic's medical records that her mesothelioma was in any way related to asbestos exposure." Another J&J lawyer stated: " millions of people had used Johnson & Johnson Baby Powder without developing any diseases. And that's because it does not contain asbestos."J&J's rationale for its defense of Johnson's Baby Powder may, however, be their undoing. Millions of people smoke cigarettes without developing lung cancer, some doing so for their entire life. That does not excuse smoking cigarettes from contributing to cancer. Successful lawsuits against Johnson's Baby Powder have focused on it being a contributing factor that causes cancer, other factors being a family history of cancer or being exposed to other cancer-causing substances. This is the same logic that led to the conclusion that cigarette smoking contributes to the development of lung cancer whether or not a smoker actually develops the disease. Not every person that is exposed to Johnson's Baby Powder needs to develop lung cancer for it to be considered carcinogenic.

Attorneys for Johnson & Johnson went further and "denies their talc products ever contained asbestos, and claim plaintiff claims to the contrary are based on faulty "attorney-driven" science. This too may be an inadequate argument as there is sufficient evidence that indicates that the crystalline fibers in talc itself could cause sufficient irritation of a person's internal organs to lead to the development of cancer. The National Institute of Health stated that scientists reported that inhaling talc itself could be harmful. "findings of silica minerals in samples of commercial body powders and that inhaled powder could cause scarring of lung tissue, mesothelioma or lung cancer." J&J placed the warning label on bottles of Baby Powder in response stating: "Keep powder away from child's face to avoid inhalation which can cause breathing problems. Avoid contact with the eyes. For external use only."

Information provided by TalcumPowderCancerLawsuit.com, a website devoted to providing news about talcum powder ovarian cancer lawsuits, as well as medical research and findings.