Despite a recent U.S. Food and Drug Administration testing of Johnson & Johnson baby powder that revealed the talc-based powder was contaminated with asbestos, a California judge has denied a woman’s request for a new trial in her case claiming that the product gave her mesothelioma.

After FDA Finding, Woman Appeals for New Mesothelioma Trial

Plaintiff Carolyn W. claims that after experiencing shortness of breath in 2016, she was diagnosed with mesothelioma. According to her lawsuit, she believes that her long term use of Johnson & Johnson baby powderresulted in her diagnosis of mesothelioma in 2017. However, when her case went to trial in late 2019, a jury determined that Johnson & Johnson was not at fault and declined to rule in her favor.

Within the same month of Carolyn’s trial, the FDA announced that testing done on Johnson & Johnson talc products had revealed that some of the company’s popular baby powder products were contaminated with asbestos, a known carcinogen. Following the release of this new information, Carolyn requested she be granted a retrial. On January 29, 2020, Los Angeles Superior Court Judge Cary Nishimoto denied this request.

Judge Nishimoto stated that it would create unnecessary problems in the case if he allowed her to have a new trial using the new evidence. However, according to Carolyn, this recent evidence may have changed the outcome of her case. Moreover, internal documents noted that J&J was aware of the contamination.

FDA Announces Johnson & Johnson Baby Powder Contamination

On Oct. 18, 2019, the U.S. FDA announced that testing of Johnson & Johnson baby powder had uncovered at least one case of asbestos contamination. The affected lot of baby powder is Lot #22318RB. Following the test results, Johnson & Johnson announced that the company would voluntarily recall the affected product.

Baby powder and other cosmetic products are often made from talc, a clay mineral that is mined from the earth. However, talc is often mined close to asbestos, which is a fibrous mineral found in the earth. The proximity of talc and asbestos mining may result in cross contamination.

As asbestos particles are dangerous and may cause lung cancer or mesothelioma, contaminated talc products may expose consumers to serious health risks.

When asbestos particles are inhaled or ingested, they may settle in the lungs and cause inflammation and irritation. Over years or decades, this inflammation may result in cancer, such as mesothelioma. Unfortunately, it can take decades for these cancers to develop and they may not be diagnosed until they have entered the late stages of the condition.

In recent years, many victims of asbestos-related cancers have filed lawsuits against Johnson & Johnson, claiming that the company’s talc products have been contaminated by asbestos for years, and that the company covered up this potentially life-threatening contamination.

If you or a loved one has developed mesothelioma or lung cancer after using Johnson & Johnson talc-based baby powder, you may be able to have a lawyer to review your case and determine whether you qualify to join a class action lawsuit against the company.

Carolyn’s Johnson & Johnson Baby Powder Lawsuit is Case No: BC656425, filed in the Superior Court of the State of California, County of Los Angeles.