Johnson & Johnson, a manufacturer of controversial talc products, has stated that it intends to appeal a $55 million verdict against it awarded by a Missouri jury. The jury concluded that the product maker was liable for injuries the plaintiff sustained after using its talcum powder products, including ovarian cancer. According to the plaintiff, she used Johnson & Johnson’s talc products for several decades on her genital region. She was eventually diagnosed with ovarian cancer, requiring a hysterectomy and other related surgical procedures.
According to a statement released by Johnson & Johnson following the recent jury verdict, the manufacturer believes that the jury’s conclusion contravenes roughly 30 years of scientific studies from researchers around the world, concluding that cosmetic talc does not pose health and safety risks.
This litigation marks the second verdict against the health care company. Earlier, another jury in Missouri returned a $72 million verdict against the company in a case involving a woman who developed ovarian cancer and died after using Johnson & Johnson’s Baby Powder and Shower to Shower products for multiple decades. In 2013, a South Dakota jury returned a mixed verdict in another case involving allegations of cancer-related injuries after using the company’s talcum-based products. Although the jury concluded that Johnson & Johnson was negligent, it did not award any damages to the plaintiff because her cancer had gone into remission when the trial commenced.
Currently, the company is facing approximately 1,200 lawsuits claiming that it failed to provide proper warnings about the dangers associated with talcum powder, particularly when it comes to the risk of developing cancer.
Every state recognizes a cause of action for injuries that result from dangerous products. There are multiple ways that a plaintiff can prove that the product that caused his or her injuries was dangerous. First, a strict product liability claim examines whether the product was designed in an unreasonably unsafe manner. Some states impose different requirements for what a plaintiff must prove to establish that a product was designed in an unreasonably dangerous manner. Some require the plaintiff to show that there was a reasonable alternative design available at the time the product was designed, while others use a multi-factor balancing test.
In some instances, the plaintiff may also be able to assert a negligence claim against the manufacturer. This would require the plaintiff to prove that the defendant failed to use due care in the design, manufacture, marketing, and labeling of the product.
If you or someone you love has suffered injuries as the result of using talc-based products, you may be entitled to compensation. The dedicated and knowledgeable talcum powder lawyers at Moll Law Group understand how devastating a serious injury like cancer can be for the victim and his or her family. We offer personalized and effective legal counsel to clients throughout the United States, including in Florida, Illinois, Texas, and New York. Understanding your state’s legal system and the options that may be available to you can be difficult. We offer a free consultation to discuss your situation, so call us at 312-462-1700 or contact us online to set up your appointment now.