On Thursday, the latest jury to consider the link between the genital use of talc powder and ovarian cancer concluded that 22 women developed ovarian cancer from using talc powder. It took the jury less than one day of deliberations to reach its verdict after hearing six weeks of evidence. In this case, unlike all of the previously tried cases, evidence was presented that J&J's talc powder was tainted with asbestos. The jury clearly agreed with the women, awarding them $25 million each in compensatory damages. In addition to that, however, the jury assessed $4.19 billion in punitive damages intended to punish J&J for concealing and denying the link between the genital use of talc powder and the development of ovarian cancer.
After the verdict, a J&J spokesperson rejected the verdict as the product of a “fundamentally unfair process” and vowed to appeal the verdict. Of the eight ovarian cancer cases that have been presented to juries, J&J has lost seven. The verdicts have all been appealed and have either been set aside or are pending decision. J&J has yet to pay any of the verdicts and refuses to either remove its talc products from the market or to place a warning on the label. It claims that the scientific evidence is “inconclusive” as to whether the genital use of talc causes ovarian cancer. Although juries do not seem to agree, two judges, one in New Jersey and one in California, have dismissed cases on the grounds that the plaintiffs did not sufficiently prove that their use of talc powder caused their ovarian cancer. Both of those decisions have been appealed by the plaintiffs and are pending decision from the appellate court.
At Sullivan & Brill, LLP, we are dedicated to providing passionate legal assistance. If you have suffered from cancer caused by talc powder, our firm can represent you in court. We can build your case, discuss your options, and work hard to hold Johnson & Johnson, and other companies, responsible for failing to warn consumers about hazardous healthcare products.
Contact our office today to schedule a free consultation.
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