By Amanda Antell  |  March 15, 2016

Category: Consumer News

Spilled baby scented powder on striped background with short depth of field

Johnson & Johnson was recently been hit with a guilty verdict in a baby powder cancer lawsuit from a Missouri jury that ordered the company to pay $72 million in compensatory damages.

The lawsuit surrounded an Alabama woman who died of ovarian cancer as the alleged result of using the company’s talc  powder product.

According to The Washington Post, this monumental case is the first baby powder cancer lawsuit in which Johnson & Johnson is required to provide financial compensation on behalf of the victim. Even though plaintiff Jacqueline F. died before the trial was over, she had been able to give her deposition to the jury.

She stated that she had used the company’s talc products, Johnson & Johnson’s Baby Powder and Shower to Shower powder, for feminine hygiene purposes for the past 35 years. She further alleged that in direct result of using the talc powder products, she had developed the ovarian cancer that she eventually succumbed to.

Jacqueline was one of over 1,200 women who had allegedly developed ovarian cancer after using Johnson & Johnson talcum powder products. Each of these women claim that their ovarian cancers were caused by talc particles traveling through their fallopian tubes and embedding in their ovaries. This would happen after these women applied after the talc powder to their genital areas.

For these women, and others, using talc for personal hygiene purposes was a common occurrence, often being used to reduce friction and odor. According to Jacqueline’s medical records, a pathologist confirmed that her ovaries were inflamed from the talc particles.

Overview of Baby Powder Cancer Lawsuit

The Missouri jury that ultimately decided the fate of Jacqueline’s lawsuit had ordered Johnson & Johnson to pay $10 million to her family in actual damages and $62 million in punitive damage.

The jury explained that the $62 million is $1 million for each year of Jacqueline’s life, with $31 million of the reward going to the Missouri Victim’s Compensation Fund. The trial lasted over three weeks, and the jury deliberated over five hours to come to a decision.

One jury member, Jerome Kendrick, told the St. Louis Post-Dispatch that the jury came to their verdict based on internal memos from Johnson & Johnson that were presented during the trial.

One of these memos indicated that company officials were aware of the link between their talc products and ovarian cancer since the 1990s. Additionally, the company had cited a 1970 study when accusations regarding baby powder cancer had started becoming public.

According to Kendrick, these memos had “sealed [his] opinion” by indicating the company had tried to hide the severity of the problem. There were no warnings or indications on the product’s label, nor did the company notify the victims or their physicians.

After Jacqueline died, her son Marvin S. had become the lead plaintiff in her lawsuit and was stunned at the monetary damages he was awarded. He praised this outcome, as it could be “groundbreaking” for other women who may have suffered baby powder-induced cancer.

Johnson & Johnson is expected to appeal the jury’s decision, with the company insisting that their talc baby powder and Shower-to-Shower powders are perfectly safe and effective products.

Any patients who may have developed ovarian cancer from baby powder may be eligible to file legal action against Johnson & Johnson.

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.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

 

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