J&J Talc News

Ovarian cancer injuries are not the only injury of which plaintiffs have filed against Johnson & Johnson concerning their talcum based powder, generally known as baby powder. Earlier this month, a California jury on Thursday sided with Johnson & Johnson and its talc supplier of any liability for a woman’s terminal mesothelioma, an asbestos-related cancer, holding that there was no evidence that the companies’ talcum powder was unsafe. The jury deliberated for nearly two days after an almost four-week trial.  The jury found that J&J did not negligently design or sell its talc, that the talc did not fail to perform as safely as a reasonable consumer would have expected, that the talc was not defective, and that J&J did not fail to warn of any potential risks, "known or knowable based on general scientific knowledge at time of sale." 

Most of the cases we have seen so far involve claims that the talcum-based powder causes ovarian cancer. In one of those cases, a Missouri state judge upheld a jury’s $110 million verdict against Johnson & Johnson for selling ovarian cancer-causing products, saying the conduct on which the claims are based occurred in Missouri even though the woman who brought them is from Virginia. 

Since J&J used a Missouri-based company, Pharma Tech, to "manufacture, mislabel and package" the talc products at issue, Judge Rex M. Burlison found that the verdict for the plaintiff was within the jurisdictional standards laid out by the U.S. Supreme Court in its June decision in Bristol-Myers Squibb Co. v. Superior Court of California. This finding means that non-Missouri plaintiffs may continue pursuing their cases in Missouri, which has been home to a large amount of talc litigation in recent years.

Booth Samuels and the attorneys at Pittman, Dutton & Hellums, P.C. are currently accepting talc-injury cases. If you or someone you love is a female that regularly used J&J Baby Powder or Shower to Shower and, since the year 2000, have been diagnosed with ovarian cancer, please contact Booth Samuels at 1-866-515-8880 or by email at booths@pittmandutton.com for a free consultation.

California Jury Hits J&J in Talc Powder Case for $347 Million

A California jury awarded $417 million to the plaintiff in the first talcum powder case to go to trial in California. The Los Angeles County jury reached the verdict, which includes $347 million in punitive damages, on August 21 against Johnson & Johnson and Johnson & Johnson Consumer Inc. The trial lasted four weeks and the jury deliberated for more than two days. The jury awarded roughly $70 million in compensatory damages.

The plaintiff’s theory of the case was that there was a link between Johnson & Johnson’s talcum powder products and ovarian cancer. The award surpassed large awards from earlier trials in Missouri.

The jury found that J&J had failed to warn consumers about the increased risk of ovarian cancer caused by its Johnson’s Baby Powder and Shower to Shower products, and that the plaintiff, Eva Echeverria’s terminal ovarian cancer was caused by her use of those products. Some of the claims included the defendants refusal to place a warning on its products. Echeverria’s lawyers showed jurors evidence that talcum powder products made by national companies like Wal-Mart are now sold with a warning about the association between genital talc use and ovarian cancer.

The Defendants have indicated that they will appeal the verdict.

Echeverria filed suit with six other women in Los Angeles County Superior Court in July 2016, alleging that for years she used talcum powder mined by Imerys Talc America Inc. and sold by J&J, and that she developed ovarian cancer in 2007. Echeverria is the first plaintiff to head to trial among nearly 300 cases in the complex litigation consolidating California claims against the companies. There are an estimated 4,500 other cases pending throughout the country.

J&J’s defense during the trial focused heavily on calling into doubt how Echeverria’s experts were interpreting the scientific evidence that purported to show genital talc use caused ovarian cancer. However, the plaintiff showed, by Johnson & Johnson's own documents, dating back to 1964, that the company knew there was a risk of ovarian cancer from using talcum powder for feminine hygiene. The plaintiff’s also cited a 1982 study that shows women who used talc on their genitals were at a 92% increased risk for ovarian cancer. The lead researcher, Daniel W. Cramer, later advised Johnson & Johnson to put a warning label on the product.

The plaintiff put on evidence to show that Echevarria used Johnson Baby Powder sometimes twice a day for 41 years, continuing to do so even after she was diagnosed with ovarian cancer in 2007. Ovarian cancer accounts for 1.3% of all new cancer cases in the U.S., according to the National Cancer Institute. But it is the eighth most common cancer and the fifth-leading cause of cancer-related death among women. Fewer than half of all patients survive five years after a diagnosis.

A St. Louis jury in May awarded $110.5 million to a Virginia woman who was diagnosed with ovarian cancer in 2012. Three other juries in St. Louis reached similar conclusions, awarding a total of more than $300 million to the plaintiffs.

Booth Samuels and the attorneys at Pittman, Dutton & Hellums, P.C. are currently accepting talc-injury cases. If you or someone you love is a female that regularly used J&J Baby Powder or Shower to Shower and, since the year 2000, have been diagnosed with any of the above forms of cancer, please contact Booth Samuels at 1-866-515-8880 or by email at booths@pittmandutton.com for a free consultation.

Motion Filed to Consolidate Talcum Powder Lawsuits into an MDL

            On July 15th, a motion to consolidate filed lawsuits against Johnson & Johnson regarding their talcum powder products was filed. Cases are now pending in approximately ten federal district courts. They all allege that J&J actively concealed and failed to warn consumers of a potential link between their talcum powder-based products and ovarian cancer.  The motion requests the U.S. Judicial Panel on Multidistrict Litigation to create a new MDL for these claims in front of Judge David Herndon in the Southern District of Illinois.

            The motion was filed after two largely publicized St. Louis jury verdicts against J& in the amounts of $72 million and $55 million. The verdicts included $62 million and $50 million awards form punitive damages respectively. Plaintiffs’ alleged that J&J’s Baby Powder and Shower to Shower, both talc-based products, exposed women to an increased risk of developing ovarian cancer. Further, they allege that J&J was aware of the risk and, despite such knowledge, failed to provide any warnings.

            Eleven new cases have been filed this year and that number will inevitably increase. Currently the cases are pending in ten different federal courts; merging would help to avoid inconsistencies amongst the various jurisdictions, as well as help bring about a more timely resolution to the issue. As most are still in the early stages of litigation, joining them now is practical.

            The motion requests that Judge Herndon be appointed to oversee the MDL, arguing that he would be ideal to handle this litigation as he has a great deal of experience having previously resided over similar claims against harmful pharmaceuticals such as Pradaxa and Bayer’s Yasmin. Regardless of being held liable in three previous jury trials, J&J continues to maintain that there is no plausible link to an increased risk of ovarian cancer and their products. Responses to the motion are due August 5^th.

What is Talcum Powder?

Talcum powder is created from the mineral talc, and is used to keep skin dry and prevent friction and rashes. It is commonly found in hygienic products like Johnson & Johnson’s Baby Powder. Talc itself is composed of several different organic materials – even originally containing Asbestos, a known carcinogen. Although the FDA has now banned Asbestos in any talc-based product, Talc’s molecular makeup is still itself very similar. Due to its crystalline structural nature, when ingested talc may cause chronic inflammation, which in turn may cause cancer or other severe illnesses.

A study published in the Journal of the National Cancer Institute indicated the increased risk by women that used talc-based products regularly for genital hygiene. Additionally, an article in the Cancer Prevention Research journal noted a 20% to 30% risk increase of certain types of ovarian cancers associated with genital powder use.  Because of findings from studies like these, the International Agency for Research on Cancer classified perineal (genital) use of talcum powder as “possibly carcinogenic to humans.”

What Injuries Can Occur From Using Talcum Powder?

            Most of the lawsuits being filed involve people who developed certain types of cancers which could be linked to using talcum powder. Below are several of the cancers which studies have shown increase in likelihood if using talcum powder:

Ovarian

Endometrial/Uterine

Cervical

Fallopian Tube

Leiomysarcoma

How Can We Help?

Booth Samuels and the attorneys at Pittman, Dutton & Hellums, P.C. are currently accepting talc-injury cases. If you or someone you love is a female that regularly used J&J Baby Powder or Shower to Shower and, since the year 2000, have been diagnosed with any of the above forms of cancer, please contact Booth Samuels at 1-866-515-8880 or by email at booths@pittmandutton.com for a free consultation.