Johnson and Johnson lost its second talcum powder lawsuit in a row as it defended its Baby Powder and Shower to Shower Powder products against allegations that use of the products can cause ovarian cancer. In the first talcum powder lawsuit decided this year, J&J was ordered to pay the family of a woman who died from ovarian cancer following years of using J&J’s products $72 million. J&J is appealing that decision and intends to appeal the most recent jury award. In the Missouri case that was recently decided, the jury awarded Gloria Ristesund $5 million in actual damages and $50 million in punitive damages.
In response to the verdict, Carol Goodrich, a J&J spokesperson said “The verdict contradicted 30 years of research supporting the safety of cosmetic talc. The company intends to appeal and will keep defending its products’ safety.”
J&J has another 1,200 lawsuits pending alleging it did not adequately warn consumers about the cancer risks associated with using talc-based products for hygiene purposes. Plaintiffs allege in the talcum powder lawsuit that J&J has known for years that use of the talc-based products increased the risk of developing ovarian cancer.
Why Can J&J Be Held Accountable For Injuries Caused By Talcum Powder?
Under product liability law, a company can be held liable for any damages if the company knew or should have known the product being sold posed danger to the consumer. A company can also be held liable if the product has a defect that makes it dangerous or if the company failed to provide adequate instructions or warnings with the product. Companies have a duty to consumers to produce and offer for sale products that are safe for their intended use. They also have the duty to warn consumers of potential risks.
In the J&J talcum powder lawsuit, plaintiffs allege that J&J knew talcum powder could cause ovarian cancer in women but failed to warn customers of the potential risk of using their products. One lawyer representing several plaintiffs said the company has documents dating back to the 1970s showing J&J was already concerned about the association of talcum powder and ovarian cancer. In the talcum powder lawsuits, if the plaintiffs can prove that J&J knew about the potential risk but failed to warn consumers, J&J can be found liable for any damages incurred by the plaintiffs.
Have You Been Injured By A Defective Product?
If you or a family member has been injured by a defective medical device, defective drug, or any other defective product, you must seek immediate medical attention. You must also consult with an experienced New Orleans product liability attorney as soon as possible. You only have a limited time to file a lawsuit to collect damages from the at-fault party.
Call The Olinde Firm For a Free Consultation
You are under no obligation. Our defective product attorneys want to answer your questions and provide guidance if you have been injured by a product. Contact our office by calling (504) 587-1440 or 1-800-587-1889 to speak with a representative. We represent clients in New Orleans, Louisiana, and throughout the United States in defective product lawsuits.