Women and their family members have brought thousands of lawsuits claiming that the mineral talc, used in products such as baby powder and adult body and face powders to absorb water and reduce friction, increased the risk of ovarian cancer in women who use these products, including Johnson’s Baby Powder, for feminine hygiene.
Several successful lawsuits against Johnson & Johnson and other manufacturers have won significant, multi-million-dollar settlements. J&J has paid millions to women who developed ovarian cancer after using its baby powder. The company said it faces talc-related lawsuits by 4,800 plaintiffs nationwide. The recent reversal of two of these awards by courts in Missouri and California may signal that the tide is turning in favor of the manufacturers and against the plaintiffs in similar lawsuits.
In October, reported AP, a Missouri appeals court threw out the $72 million award to the late Jacqueline Fox, a Missouri woman who had successfully claimed Johnson & Johnson’s talcum powder had contributed to the ovarian cancer that killed her in 2015 just months before her lawsuit went to trial. Fox was joined by 64 other plaintiffs, only two of them living in Missouri. Based on a recent U.S. Supreme Court ruling that there must be a connection between the plaintiff and the state where the lawsuit is filed, the decision to void the award was based on the argument that Missouri was not the proper jurisdiction for the lawsuit.
In California, Reuters reported, a Los Angeles County Superior Court judge threw out a $417 million verdict against Johnson & Johnson, awarded in a lawsuit by a woman who claimed she developed ovarian cancer after using its talc-based products. The judge also granted J&J a new trial.
The $407 million was the largest talc settlement to date. The woman’s lawyer said in a statement that he would immediately file an appeal. “We will continue to fight on behalf of all women who have been impacted by this dangerous product,” he said.
Richard Manger, principal of Manger Law Firm, has extensive experience in litigation and settlements, with a focus on personal injury and workers’ compensation law. We are proud of the strong relationships of loyalty and trust we develop with our clients. We go above and beyond to achieve the best possible outcome in your case. You can contact Richard Manger via email at ram@mangerlaw.com, or by calling (336) 882-2000.