Talcum Powder Lawsuit

Johnson & Johnson Talcum Powder Lawsuit

Over 9,000 talcum powder lawsuits are currently pending against J&J in courts across the United States on behalf of individuals who used Johnsons Baby Powder or Johnson’s Shower-to-Shower as infants or part of their daily feminine hygiene routine and believe it may be the cause of their ovarian cancer or mesothelioma.

Talcum Litigation is underway in various state courts, including St. Louis, New Jersey’s Bergen County Superior Court and Los Angeles, CA Superior Court.

If your situation sounds similar you may be entitled to significant compensation.

Each of the Talcum Powder lawsuits allege the following:

• Johnson & Johnson knew about the possible negative health effects of the company’s baby powder but never told consumers;
• They chose to market the talcum powder products to women and children for hygienic use despite the risks.
• J&J put their desire for profits before consumer safety by withholding information about the potential ovarian cancer risk associated with talc.
• J&J hid the fact that talcum powder contains asbestos

What is Talc?

Talc is the common ingredient in the soft, sweet-smelling powder products used on babies’ bottoms and by women in an effort to keep their skin dry and avoid rashes. Magnesium, silicon, oxygen and hydrogen come together to create Talc.

Johnson & Johnson’s Talcum Powder

Johnson & Johnson first developed baby powder in 1893, promoting it as a means of treating diaper rash in babies.

By 1913, J&J had begun to market the powder to women with slogans like:

“Best for baby, best for you.”

By 1965, J&J was producing print advertisements with coupons that included the phrase:

“Want to feel cool, smooth, and dry? It’s as easy as taking powder from a baby” and marketing pitches that promoted “A Sprinkle A Day.”

Over the next century, Johnson’s Baby Powder grew into a top selling product and is now commonly found in every home.

It continues to be promoted as a means of absorbing unwanted moisture and odors in babies and women.

The company still maintains that talc is a safe, essential part of makeup and skin care routines in many parts of the world.

Interestingly, the American Academy of Pediatrics doesn’t recommend using baby powder on babies – not because of the risk of cancer, but because babies are prone to inhaling the fine particles in the powder and damaging their lungs.

Ovarian Cancer

Ovarian cancer is the fifth most deadly cancer among women, causing more deaths than any other cancer affecting the female reproductive system, according to the U.S. Centers for Disease Control and Prevention.

More than 22,200 American women will likely be diagnosed with ovarian cancer each year, according to the American Cancer Society.

Older women (over 40 years of age) are more likely to be stricken with ovarian cancer than younger women, with the greatest number of cases occurring in women over age 63.

As early as the 1970’s scientists began looking at the connection between the dusting of female genitals with talcum powder and ovarian cancer.

Based on the marketing of these products to babies and as a feminine ritual, most people assume that such a common household item is safe to use.

Sadly, studies continue to confirm this connection – that talc particles applied to the genitals enter a woman’s reproductive tract through the vagina and continue to travel within the female body increasing the risk of ovarian cancer.

However, up until this point, these studies have been kept out of the public eye, confined to medical journals and blog posts.

Since the FDA has very limited regulatory power over talcum powder (it is classified as a cosmetic product), it appears that the only way to get consumers the real truth behind this link is through lawsuits.

Mesothelioma

Mesothelioma is a rare form of cancer that affects the mesothelial cells, the protective layer of tissue around the lungs, heart, and stomach that cushions the organs, prevents friction, and allows for free movement of the body.

Asbestos exposure is responsible for nearly all cases of mesothelioma, which leads to an estimated 2,000 to 3,000 deaths each year in the U.S.

On average, the prognosis for a patient is less than one year from the time of a mesothelioma diagnosis.

Exposure to asbestos dust is considered to be the main cause of mesothelioma, and it is believed that those currently suffering from malignant mesothelioma were exposed to asbestos at least 20 years ago.

Recent talcum powder cases allege that J&J sold their product for decades knowing it contained cancer-causing asbestos fibers.

Talc Use and Ovarian Cancer in African American Women

Although studies show that Caucasian women are at a higher risk than any other race to develop ovarian cancer, documents brought out during Talcum trials show that Johnson & Johnson intentionally targeted African American and Hispanic women in their advertising of “A Sprinkle A Day.”

A 2008 case-control study in Los Angeles found that 44% of African-American women reported using talcum powder, compared to only 30% and 29% of white and Hispanic women respectively.

And in fact, many African American and Hispanic women note that using talc for feminine hygiene was second nature and it had been a routine they followed as long as they can remember.

According to Jacqueline Salter Fox, many women in the African American community were taught to use Shower talc as part of their daily feminine hygiene routine.

The family of Jacqueline Fox was awarded $10 million in damages and $62 million in punitive damages and the jury charged J&J with fraud, negligence, and conspiracy.

African American woman who contract ovarian cancer as a result of talc use, have a much higher mortality rate – 7.2 black women per 100,000 died of ovarian cancer compared to 4.1 per 100,000 for all other races.

Talcum Powder Lawsuit Verdict Timeline

Johnson & Johnson is currently appealing several of these cases and has seen a few verdicts, despite their current verdict tally of $724 Million.

2013 – a federal jury in Sioux Falls, South Dakota found that Johnson & Johnson’s product that contained talcum did contribute to a woman’s ovarian cancer but, unusually, awarded no monetary damages to the family harmed.

Deane Berg was diagnosed with ovarian cancer in 2006 and used talcum-based products for hygiene purposes for about 30 years, including Shower-to-Shower body powder.

Ingham v. Johnson & Johnson – $4.69 Billion – July 2018

Eight-hours is all it took for a St. Louis jury to hand Johnson & Johnson their largest legal setback yet for their talc-based products – a $4.69 billion verdict for the role J&J played in asbestos-induced ovarian cancer of 22 women.

Unlike prior talcum trials, the Ingham v. Johnson & Johnson jury, was the first to hear evidence that Johnson & Johnson covered up evidence that their “sacred cow” product contained asbestos fibers for more than 40 years.

According to Susanne Scovern, a lawyer on the plaintiff’s trial team, “women deserve to know the truth about the products they use on a daily basis.”

Jackie Fox – $72 Million – February 2016

(currently overruled by Court of Appeals, pending Missouri Supreme Court hearing)

A Missouri jury ordered J&J to pay $72 million to the family of Jackie Fox, a woman who died of ovarian cancer in October 2015.

Of this verdict, $10 million was compensatory damages and the remaining $62 million was punitive damages intended to serve as a punishment to J&J for deliberately failing to warn consumers of the risk of ovarian cancer from the use of talc products.

It took the St. Louis jury only four hours to hold Johnson & Johnson responsible.

Speaking after the verdict, the head juror noted “It was really clear [Johnson & Johnson] was hiding something.

All they had to do was put a warning label on it.”

In October 2017, the Missouri Eastern District Court of Appeals threw out this verdict on the basis that Missouri lacked jurisdiction in the case.

It will next be heard by the Missouri Supreme Court.

Gloria Ristesund – $55 Million – May 1, 2016

(currently overruled by Court of Appeals)

A Missouri jury ordered J&J to pay $55 million to Gloria Ristesund, 62-year-old Sioux Falls, South Dakota woman who survived ovarian cancer.

Of this verdict, $5 million was compensatory damages and the remaining $50 million was punitive damages awarded by the jurors because they found that Johnson & Johnson internal documents recognized the risk of ovarian cancer with talc use and failed to warn the public.

Missiouri appeals court threw out the $55 million verdict on July 2, 2018 based on the fact that Ms. Ristesund should not have had jurisdiction to file a lawsuit in Missouri.

During closing arguments, Ristesund’s attorney showed jurors internal documents from J&J that noted the risk of ovarian cancer and noted…

“They can say whatever they want to with their fancy experts when they come up here that testify in litigation all the time.

This is what they said behind closed doors, when they’re in the house and they don’t think anybody’s listening. A whole different song and dance.”

Deborah Giannecchini – $70 Million – October 2016

A Missouri jury ordered J&J to pay $70 million for the talcum lawsuit found that Johnson & Johnson was negligent in making and marketing its talcum powder to a California woman whose complications from ovarian cancer caused the removal of her spleen, part of her stomach, part of her colon, all of her ovaries and her uterus.

Of this verdict, $65 million was found to be punitive damages assigned to J&J because the jury believed they should have warned consumers of the risk.

Lois Slemp – $110 Million – May 4, 2017

A Missouri jury ordered J&J to pay $110 million to a 62-year-old Virginia woman who used Shower-to-Shower for more than 40 years prior to her ovarian cancer diagnosis in 2012.

The jury found that J&J’s conduct warranted punitive damages in excess of $105 Million in order to send a message to J&J.

According to Daniel’s attorney, punitive damages were necessary and he noted:

“Once again, we’ve shown that these companies ignored the scientific evidence and continue to deny their responsibilities to women of america.

They chose to put profits over people, spending millions in efforts to manipulate scientifc and regulatory scrutiny. – attorney for lois slemp, may 2017.”

Eva Echeverria – $417 million – August 21, 2017

(Overturned on 10/21 by a Los Angeles judge, currently pending a new trial based on errors in the trial).

The first California state jury to evaluate the link between J&J’s talcum powder products and ovarian cancer awarded Echeverria $417 million of which $347 million was punitive damages meant to send a message to J&J.

Unfortunately, Eva Echeverria died just after learning of the verdict but Echeverria’s attorney continued the fight for the other women who would still learn of an ovarian cancer diagnosis, noting:

“They’re not ever going to warn, unless y’all do something about it.

While johnson & johnson comes in here and plays these legal games, the collateral damage is thousands of women including ms. Echeverria.”

Steven Lanzo – $117 million – April 4, 2018

(Upheld on June 27, 2018 by the New Jersey State Judge, Johnson & Johnson will now seek to appeal this decision at the Court of Appeals)

New Jersey jury awards Stephen Lanzo $37 million in compensatory damages and $80 million in punitive damages after finding that  J&J’s acted with reckless indifference in selling asbestos-containing talcum powder that contributed to a man’s development of mesothelioma.

Stephen Lanzo alleged that he developed mesothelioma as a result of exposure to J&J’s talcum powder products starting as an infant in the 1970’s:

“J&J was selling a product for decades and decades and decades that had cancer-causing fibers and its taken time for them to take action and stop doing what they’ve done for years and years and years.”

Joanne Anderson – $25.7 million – May 17, 2018

Los Angeles jury awards Joanne Anderson $21.7 million in compensatory damages and $4 million in punitive damages after finding that asbestos in J&J’s Talc baby powder was responsible for her mesothelioma.

Joanne Anderson claimed she developed malignant mesothelioma as a result of her exposure to asbestos using J&J baby powder on her children and regular use on her hands and shoes during her years as an avid bowler.

Her attorneys estimated Joanne used talcum more than 10,000 times:

“We can only hope these verdicts help j&j see what the rest of us do. 

They are selling cancer-causing powder for use on the most helpless of us – children.”

Verdicts holding for J&J include:

Nora Daniels – March 3, 2017 – The fourth Missouri trial ended in a victory for Johnson & Johnson and Imerys Talc America when the jury cleared them of responsibility for Daniels’ ovarian cancer.

Brandi Carl and Diana Balderrama – October 2016 – A New Jersey judge granted J&J’s summary judgment request ending the trials of two women diagnosed with ovarian cancer based on the fact that the methodologies utilized by the experts appeared to be litigation-driven, rather than scientifically and objectively grounded.

Bertilla Boyd-Bostic – May 2018 – A South Carolina jury could not decide if J&J was responsible for the mesothelioma that killed a 30-year old attorney, leading to a mistrial.  It is likely this case will be retried.

Rosalind Henry – October 11, 2018 – New Jersey – Johnson & Johnson defeated claims that Rosalind’s alleged exposure to asbestos in talcum powder contributed to her mesothelioma.

This verdict comes six months after jurors in the same courtroom awarded $117 million in damages against J&J over claims that a man’s exposure to the company’s alleged asbestos ­containing baby powder contributed to his mesothelioma.

Talcum Powder Lawsuits Outside the United States

In 1971, British researchers analyzed 13 ovarian tumors and found talc particles “deeply embedded” in 10 of them.

A group of nearly 20 Irish women diagnosed with ovarian cancer are contemplating filing a talc lawsuit against Johnson & Johnson regarding an alleged link between the company’s product and the deadly disease.

Based on news provided by the Irish Times, these women have been waiting for the result of appeals filed in US Talcum Powder cases.

Other Talcum Powder Lawsuits

Canadian drugmaker Valeant paid more than $150 million for the rights to Johnson & Johnson’s talcum powder in 2012, and now they face more than 33 talcum powder ovarian cancer lawsuits.

In June 2017, Valeant CEO Joseph Papa commented to investors and analysts, “it is our belief that J&J has obligations to pay for our legal defense and to indemnify Valeant”