Johnson & Johnson, a company already mired in courts with lawsuits, has been ordered by a judge to pay a couple $120 million in damages over claims their baby powder gave them lung cancer.

Justice Gerald Lebovits of New York’s Supreme Court in Manhattan lowered the initial jury award for Donna and Robert O. from $325 million to $120 million, saying in his order the amounts was “too high” but left open the possibility of further court proceedings covering damages.

Donna, 67, said she used Johnson & Johnson’s baby powder after showering for more than 50 years.

An attorney representing the Olsons said it’s not likely that they will refile, referring to her advanced mesothelioma diagnosis. “She is at an advanced stage, and we are hoping for the best,” he told Reuters.

Reuters also reports Justice Lebovitz said in the future, jurors could find Johnson & Johnson “knowingly deceitful about” or willfully blind to” the dangers of using talc in baby powder. 

Thousands of Johnson & Johnson Lawsuits

This latest order to payout damages from claims of selling cancer-causing baby powder marks one of thousands the company has dealt with.

$2.12 billion in damages was ordered to a group of 22 Missouri women who said asbestos in Johnson & Johnson’s baby powder and other products containing talc gave them ovarian cancer. A jury found Johnson & Johnson liable.

On Nov. 3, Missouri’s Supreme Court refused to consider Johnson & Johnson’s appeal.

“Johnson & Johnson should accept the findings of the jury and the appellate court and move forward with proper compensation to the victims,” an attorney representing the Missouri plaintiffs told The Washington Post. 

Not all cases see any conclusion. 

A personal injury case out of California was ruled a mistrial because the plaintiff fell very ill and then died.

The plaintiff, named in the complaint as Rosalino R., turned 54 when his trial began, but because of his malignant mesothelioma, died before it concluded. He had been arguing asbestos exposure from brake dust and Johnson & Johnson products.  

It is estimated the number of Johnson & Johnson lawsuits working through the courts are more than 9,000.  Lawsuits with a wider scope on talc-based powder generally, as of March, have ticked up to a whopping 19,400.

What the Johnson & Johnson Lawsuits are Claiming

While Johnson & Johnson maintains their talc-based baby powder is safe to use and plans to defend claims against it in court, the company has discontinued selling in North America.

The scores of plaintiffs would disagree with claims that the products are safe, instead alleging the talc ingredient is tainted with asbestos, a known carcinogen. Both are minerals mined from the ground and often found together. 

A bulk of these claims surround mesothelioma claims. Plaintiffs say the fine powder gets into the lungs. The American Society of Clinical Oncology says between 70% to 80% of mesothelioma cases are caused by exposure to asbestos. 

While Johnson & Johnson says their talc powder is free from asbestos, a Reuters investigation found the naturally occurring carcenogenic mineral in tested samples. 

Plaintiffs also claim in scores of other lawsuits that talc-based baby powder causes ovarian cancer. A wrongful death lawsuit was filed in 2016 by a husband who claimed his wife died from ovarian cancer caused by Johnson & Johnson’s baby powder. 

In that lawsuit, the plaintiffs cited studies that showed a quarter of women diagnosed with ovarian cancer used the talc powder after showering.

Just last year, Johnson & Johnson recalled 33,000 bottles of baby powder after testing showed some contained traces of chrysotile asbestos.

The New York Times reports that earlier Johnson & Johnson lawsuits alleged talc alone was dangerous, but the claims are not backed up by scientific evidence.

Is Baby Powder Safe To Use? 

These lawsuits and conflicting information may have families questioning whether baby powder is safe to use at all. 

Experts say it’s important to know the ingredients that make up baby powder and what the risks are for each.  Baby powders made from cornstarch instead of talc can be used as an alternative. 

The Reuters investigation suggested that, since the 1970s, Johnson & Johnson has hidden documents from the public and from regulators showing the presence of asbestos in their talc products.

A Diminishing Business

The issue of safety may be a moot one when it comes to talc-based baby powder. As of March, The New York Times reports that only about .5% of Johnson & Johnson sales come from their baby powders. 

The supplier of its talc powder filed for bankruptcy protection last year.

“I’m just thankful the stuff is off the market. I do believe this will save untold misery and lives,” an attorney representing plaintiffs in Johnson & Johnson lawsuits told the New York Times.