J&J talc lawsuit overview:
- Who: Johnson & Johnson is facing a lawsuit from the estate of a deceased woman who allegedly developed ovarian cancer after using the company’s baby powder.
- Why: The trial is the second mass tort case to go to trial in the Philadelphia County Court of Common Pleas.
- Where: The Johnson & Johnson talc lawsuit is being heard in Pennsylvania state court.
- How to Get Help: Were you diagnosed with a cancer that may be linked to talcum powder? If so, you may be eligible to join a class action lawsuit investigation.
A new Johnson & Johnson talc lawsuit trial has begun in Pennsylvania state court over claims the company marketed its baby powder product as safe to use despite knowing it contained asbestos.
The lawsuit, filed on behalf of Gayle Emerson, who died of ovarian cancer, claims Emerson used Johnson & Johnson’s baby powder from 1969 until shortly before filing her lawsuit in 2019, Law360 reports.
Emerson’s lawyer, Beasley Allen attorney Leigh O’Dell, told a Philadelphia jury on Jan. 20 that Johnson & Johnson kept a “dirty secret” from consumers and the U.S. Food and Drug Administration that the talc it used in its baby powder was laced with asbestos.
“They knew it, they concealed it and that’s why we’re here,” O’Dell said, according to Law360.
O’Dell argued that Johnson & Johnson knew there was a safer alternative to talc, a cornstarch-based baby powder, but chose not to market it as heavily due to the company’s investment in talc mines.
Johnson & Johnson talc trial expected to last three weeks
Johnson & Johnson attorney Shaila Diwan told the jury that Emerson’s fatal cancer was more likely caused by a combination of factors such as age, obesity and douching.
Diwan further argued that asbestos fibers are inert particles and do not migrate like other pathogens can, making it unlikely that talc applied to the genitals would make it to the ovaries.
“Most cancers are spontaneous,” Diwan said, according to Law360. “They’re due to naturally occurring somatic changes in the body that come with age.”
The Johnson & Johnson baby powder trial is expected to last three weeks.
Johnson & Johnson announced in 2022 that it would stop selling its talc-based baby powder worldwide amid thousands of lawsuits alleging it caused cancer due to asbestos contamination.
The company has denied the allegations, stating that its talc is safe and does not cause cancer.
What do you think of the claims made in the Johnson & Johnson talc lawsuit? Let us know in the comments.
Emerson and her estate are represented by Leigh P. O’Dell, David P. Dearing, Ted G. Meadows and Danielle W. Mason of Beasley Allen Law Firm and Richard M. Golomb and Kevin W. Fay of Golomb Legal.
The Johnson & Johnson talc lawsuit is Emerson v. Johnson & Johnson, Case No. 190509334, in the Court of Common Pleas of Philadelphia County, Pennsylvania.
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