Lawsuits Continue To Be Filed Claiming Johnson's Baby Powder Causes Cancer
In spite of a number of jury awards being vacated and new trials being granted on procedural grounds, plaintiffs continue to believe Johnson's Baby Powder causes cancer
Tuesday, October 16, 2018 - When a jury awards a plaintiff hundreds of millions of dollars in damages enough media attention is created to unleash a flood of similar lawsuits against. Such is the case with Johnson's Baby Powder and the billions of dollars in damages that jurors in Missouri, California, and New Jersey awarded plaintiffs for their ovarian cancer. Potential plaintiffs are learning, however, that publicity generated in this way is a double-edged sword. Simply because a jury awards large punitive damages does not necessarily mean that the company is going to pay, at least not right away. This week two judgments totaling about a half of a billion dollars against Johnson & Johnson have been reversed and new trials granted to the defendant Johnson & Johnson. Plaintiffs will have to start from scratch and reconvince yet another jury that Johnson's Baby Powder contributed to the development of their ovarian cancer.
The first case that was overturned involved Eva Echeverria who was awarded $417 million dollars after claiming that Johnson's Baby Powder caused her ovarian cancer. According to USA Today, "Los Angeles County Superior Court Judge Maren Nelson granted the company's (JNJ) request for a new trial, saying there were errors and jury misconduct in the previous trial that ended with the award two months ago." The other reversal vacated a judgment in favor of 62-year old Jacqueline Fox of Birmingham Alabama that took JNJ to trial in a St. Louis Missouri court. The court reversed the $72 million dollar award based on jurisdiction considerations. Attorneys for both plaintiffs expressed their dissatisfaction with the judge's decision and vowed to retry the cases. Ms. Echeveria, who has since passed away, claimed that she developed ovarian cancer after a lifetime of using Johnson's Baby Powder for feminine hygiene purposes on a regular basis after showering daily for her entire life and blamed the "dangerous and defective nature of talcum powder," as well as the fact that JNJ executives have known of the link between talc and ovarian cancer for decades and did not warn the public.
In spite of the judge's decisions to grant JNJ new trials, thousands of lawsuits against Johnson & Johnson have been filed claiming that talcum powder causes ovarian cancer in women. In addition, thousands of lawsuits now claim that inhaling Johnson's Baby Powder fumes regularly have contributed to developing mesothelioma, a rare form of lung cancer associated with asbestos. Lawyers representing plaintiffs against Johnson & Johnson are undeterred by the recent reversals as the defense has merely cited jurisdictional and procedural arguments for granting new trials. Expert scientific testimony has found particles of cancer-causing asbestos in samples of Johnson's Baby Powder and internal company memos indicate that as early as 1971 JNJ executives were concerned with the levels of asbestos in talc and in keeping those levels below what the US government deemed a safe limit, a level that we know today to be unacceptably low. Nationwide attorneys representing baby powder ovarian cancer lawsuits have evidence presented by scientific studies linking perineal talcum powder dusting to ovarian cancer.