St. Louis, MOThe latest talcum powder lawsuit tried in a Missouri court found in favor of the defendant, which tallies three wins for plaintiffs and one for J&J.
Nora Daniels, a Tennessee woman, filed the talc lawsuit against the drug giant claiming its baby powder contributed to her ovarian and uterine cancer. Imerys Talc, a supplier of talcum powder, was also sued. Daniels had used talc from 1978 through 2013, like the other three plaintiffs who won their cases. According to Daniels’ lawyer, Jim Onder, there may have been a difference in the verdicts because this jury didn’t think the talcum powder contributed to Daniels’ specific type of cancer. One juror said the jury didn’t think the evidence linking talcum powder with ovarian cancer even warranted warning labels on the products.
This jury’s decision is similar to two cases thrown out last September in New Jersey, when the judge found insufficient scientific evidence to back plaintiffs’ claims.
“The jury’s decision is consistent with the science, research, clinical evidence and decades of studies by medical experts around the world that continue to support the safety of cosmetic talc,” said Johnson & Johnson spokeswoman Carol Goodrich. And Imerys Talc spokesperson said the jury followed “the science that establishes the safety of talc,” according to the Associated Press.
But all the plaintiffs claim that their ovarian cancer is a direct result of regularly applying talc-based powders to their genital area. They also claim that the pharmaceutical company was aware of research findings in the 1970s that demonstrated this link, and that J&J ignored this and did not warn customers because they wanted to protect their sales revenues.
In the three previous lawsuits, plaintiffs were awarded $72 million, $70 million, and $55 million, all of which appeals have been lodged by J&J. The company reported in a recent filing to the U.S. Securities & Exchange Commission that it is facing at least 3,100 product liability suits in various multi-district cases. Because most of the cases have been filed in Missouri, Johnson & Johnson has appealed to have most of them spread out nationwide.
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