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The jury in a California Johnson and Johnson baby powder lawsuit recently determined that the company’s talc doesn’t contain asbestos.
The jury deliberated for less than a day after a five-week trial before rejecting plaintiff Robert B.’s claims that Johnson and Johnson talc contains asbestos. Robert claimed that the asbestos in the baby powder talc led to his mesothelioma, but the jury determined that these claims had no grounds.
“This conclusion is aligned to the decades of clinical evidence and scientific studies by medical experts around the world that support the safety of Johnson’s Baby Powder,” J&J said in a statement following the decision.
Robert filed his lawsuit against Johnson and Johnson in September 2017, only two months after he was diagnosed with mesothelioma. He argued that using Johnson and Johnson baby powder and other talc products in the 1980s exposed him to asbestos which led to cancer of his lung lining.
Mesothelioma is a type of cancer that is frequently associated with asbestos exposure. The cancer can affect the lining of the abdomen, lungs, and heart, and is very difficult treat. Because of mesothelioma’s aggressive nature, it is often fatal.
Countless first responders reportedly developed mesothelioma after being exposed to asbestos during and after the tragic 9/11 terrorist attacks. Additional cases are often associated with occupational exposure to asbestos.
According to the American Cancer Society, talc contains asbestos in its natural form, but the dangerous mineral is supposed to be filtered from the talc before it is used for cosmetics. Voluntary guidelines from the Cosmetic, Toiletry, and Fragrances Association (CTFA) say that talc should be free of detectable amounts of asbestos before being used in cosmetics.
However, Robert’s lawsuit argued that Johnson and Johnson fails to accurately test their talc for asbestos when releasing it to the public. Although the company’s historical records allegedly show the presence of asbestos in their talc, Robert claims that Johnson and Johnson used “deceptive” testing methods for their talc which resulting in favorable results.
Robert’s legal team is reportedly determined to appeal the jury’s decision in the near future and remains certain that Robert’s mesothelioma was caused by asbestos in Johnson & Johnson talc.
“On behalf of [Robert’s] family we are shocked and disappointed with the findings of the jury,” Robert’s counsel said in an email statement to Law360. “The most troubling part of the jury decision is that we found the same types of asbestos historically in J&J’s baby powder in my client’s lung and lymph node tissue. There was no other credible explanation for how those asbestos fibers got there.”
Johnson and Johnson has faced similar claims about asbestos in their talc from women who claim to have developed ovarian cancer from the company’s baby powder. Nearly 12,000 women have filed claims against Johnson and Johnson, with one group of plaintiffs securing a $4.69 billion jury award in a baby powder cancer lawsuit in July 2018.
The Johnson and Johnson Baby Powder Lawsuit is Case No. BC677764 in the Superior Court of the State of California for the County of Los Angeles.
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