Brigette Honaker  |  December 25, 2019

Category: Baby Products

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A baby powder lawsuit may help recover compensation for injuriesA California jury recently decided in a baby powder lawsuit that Johnson & Johnson are not liable for a woman’s mesothelioma diagnosis.

On Dec. 16, a jury came to a decision after a day and a half of deliberation that Johnson & Johnson was not liable in the mesothelioma diagnosis of Pui “Amy” F. who alleged that her cancer was caused by the company’s baby powder.

The decision followed a month-long trial in Los Angeles. After hearing from both sides, the jury determined that Johnson and Johnson’s baby powder is not defective, isn’t substantially dangerous, and did not play a role in Amy’s cancer.

Amy’s baby powder lawsuit claimed that she used Johnson & Johnson’s baby powder while living in Hong Kong since her birth in 1971 and after moving to the United States in 1984 until 2004. She argued that, while living in Hong Kong, the products used talc from Korean mines and, while living in the U.S., the products used talc from Vermont mines. The talc sourced from these mines contained asbestos, Amy claimed, which lead her to develop mesothelioma.

Mesothelioma is an aggressive form of cancer that affects the mesothelium – the thin layer of tissue which covers the internal organs. The cancer can reportedly affect the lining of the heart, abdomen, lungs, and testicles.

Unlike other cancers, mesothelioma is unique because it is almost always associated with exposure to asbestos. Many first responders who were exposed to asbestos in 9/11 recovery efforts have been diagnosed with the disease, along with people who formerly worked with asbestos before its usage was strictly regulated.

Unfortunately, mesothelioma is frequently fatal. The disease is hard to treat and there is usually no cure.

Although Amy argued that the talc powder products contained asbestos and resulted in her mesothelioma, the California jury disagreed.

According to FiercePharma, following the decision, a Johnson & Johnson spokesperson sympathized with “anyone suffering from cancer, and we understand patients and their families are seeking answers” but noted that the “facts are clear—Johnson’s Baby Powder is safe, does not contain asbestos nor does it cause cancer, as reflected in more than 40 years of scientific evidence.”

Other Baby Powder Lawsuit Outcomes

The recent jury decision is the third consecutive win for Johnson & Johnson in baby powder lawsuit trials. Although the company is currently riding a winning streak, they have had multi-million dollar losses this year.

In New Jersey, a jury ordered Johnson & Johnson to pay four sets of plaintiffs a total of $37.3 million after finding that their products played a role in the plaintiffs’ mesothelioma. Johnson & Johnson reportedly had their closing arguments struck from the record which the company argued was unfair. As a result of the outcome and the alleged errors, Johnson & Johnson reportedly plans to appeal.

“This trial suffered egregious legal and evidentiary errors, including the inability to present key information to the jury and the striking of our entire closing argument, that required us to move for mistrial on nearly a dozen separate occasions,” Johnson and Johnson said, according to App.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, baby powder cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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Join a Free Baby Powder Cancer Class Action Lawsuit Investigation

If you used Johnson’s Baby Powder, Shower to Shower, or another talcum powder product and were diagnosed with ovarian cancer, you may have a legal claim. Family members of loved ones who died of ovarian cancer can also join. Submit your information now for a free case evaluation.

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