Second Mistrial Declared in Johnson's Baby Powder Lawsuit

The estate of Bertila Boyd-Bostic, a South Carolina woman failed to prove for a second time in as many months that Johnson's Baby Powder contains asbestos that caused her fatal mesothelioma

Thursday, November 1, 2018 - It is proving more difficult to blame the asbestos in Johnson's Baby Powder for causing cancer. For the second time this year, lawyers for the deceased Bertila Boyd-Bostic failed to convince a jury that Johnson's Baby Powder can be inhaled and cause mesothelioma, a rare and asbestos-related form of lung cancer. Bostic's first trial resulted in a hung jury (8-4 in favor of the plaintiff) and the judged declared a mistrial. Ms. Bostic died early in November. Her husband continued after her death with the second trial alleging that his wife Bertila developed mesothelioma from inhaling Johnson's Baby Powder fumes. Plaintiffs have been unsuccessful in three out the five mesothelioma/baby powder cases brought this year, winning one case each in New Jersey and California for a total of $142 million in punitive and compensatory damages.

Approximately 90% of the nearly 12,000 lawsuits pending against JNJ around the country are by women who have developed ovarian cancer from using Johnson's Baby Powder and Shower to Shower Bath Powder on a regular basis as a form of feminine hygiene. Lawsuits against JNJ alleging a baby powder/ovarian cancer link did not include a finding of asbestos in the JNJ talc supply and relied on evidence that talc itself could cause sufficient inflammation and irritation over a period of time to contribute to ovarian cancer. Studies of the ovaries of women who have died from ovarian cancer have found particles of talc embedded in them. In addition, internal Johnson & Johnson company memos dating back to the early 1970s indicate that JNJ executives were aware of the talcum powder/ovarian cancer link. Instead of updating their Baby Powder warning labels, JNJ decided to redirect their television commercials and print media advertising towards African American women, a demographic that the company thought would be less well-informed.

In another baby powder/mesothelioma trial that concluded this week, JNJ was cleared of wrongdoing when a California jury decided that Johnson's Baby powder was not responsible for causing a woman's lung cancer after a Humboldt County Superior Court jury in in Eureka, California rejected claims by Carla Allen who said that her mesothelioma, a tissue cancer closely linked to asbestos exposure, was caused by the company's talc products, including Johnson's Baby Powder. The plaintiff failed to prove that JNJ executives knew that their iconic brand of baby powder contained asbestos and contributed to the woman's cancer. After the trial, JNJ attorneys cited scientific evidence and the opinions of governmental regulatory agencies such as the FDA and others, that have approved of Johnson's Baby Powder and Shower to Shower products as being safe.

The two wins for Johnson & Johnson is bad news for 22 plaintiffs that recently were awarded a record $4.69 billion by a Missouri jury after alleging asbestos contamination has caused ovarian cancer, a verdict that is currently under appeal. OnderLaw has won ovarian cancer lawsuits without relying on the claim that talcum powder contained asbestos.

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