In the first case of its kind to go to trial, a jury recently returned a defense verdict against a plaintiff who claimed that exposure to Johnson & Johnson’s Baby Powder caused her to develop mesothelioma.

The plaintiff, Tina Herford, filed suit in the Los Angeles County Superior Court and alleged that her exposure to asbestiform fibers, through the inhalation of Johnson & Johnson’s Baby Powder, caused her to develop mesothelioma. In seeking 24 million dollars in damages, Ms. Herford alleged that Johnson & Johnson was aware that its talcum-based products, and specifically its baby powder, were contaminated with asbestos, and that the company concealed this information from the public for approximately 100 years.

Johnson & Johnson presented expert testimony from an oncologist that the proximate cause of Ms. Herford’s mesothelioma was her exposure to radiation from treatments for an unrelated, prior cancer. Johnson & Johnson also denied that its talcum-based products ever contained talc contaminated with asbestos, and stated that Johnson & Johnson complies fully with FDA regulations and standards regarding its baby powder and other products, as well as industry standards established by the Personal Care Products Council (formerly the Cosmetic Toiletries Fragrance Association) for testing crude talc.

After two days of deliberations following a trial that lasted approximately four weeks, a Pasadena, CA jury returned with a verdict for Johnson & Johnson and its co-defendant, Imerys Talc America Inc. The jury rejected the Plaintiffs’ allegations that Imerys had supplied and that Johnson & Johnson sold talc which was contaminated with asbestos. The jury found that J&J did not negligently design or sell its talc products, that the talc product did not fail to perform as safely as a reasonable consumer would have expected, that the talc product was not defective, and that Johnson & Johnson did not fail to warn of any potential risks, “known or knowable based on general scientific knowledge at time of sale.”  As a result, the jury never reached the issue of causation.

The Herford verdict comes in the wake of two rulings which reversed plaintiff verdicts in cases in which plaintiffs had alleged that Johnson & Johnson’s Baby Powder had caused ovarian cancer: Echeverria v. Johnson & Johnson, JCCP4872, Superior Court of Los Angeles, in which a $417M verdict was overturned; and Fox v. Johnson & Johnson, ED104580, Missouri Court of Appeals, Eastern District, where a $72-million verdict against Johnson & Johnson was thrown out.

There are currently more than 5,500 talc-related claims pending in state and federal courts in multiple jurisdictions throughout the United States. The Herford verdict is a reminder that reliable scientific evidence and facts, rather than rumors and rushed judgment, should decide these cases.
Continue Reading Johnson & Johnson Found Not Responsible in Los Angeles Superior Court

A new wave of lawsuits alleging an association between ovarian cancer and the use of talcum powder for feminine hygiene purposes – a claim that many believe is based on questionable science – has hit an all-time high.  Last week, a Los Angeles jury returned a verdict against Johnson & Johnson in the amount of $417 million ($70 million in compensatory damages, $347 million in punitive damages), finding that there was a connection between Plaintiff Eva Echeverria’s ovarian cancer and Johnson & Johnson’s talcum powder product.  Plaintiff, a California resident, claimed she developed ovarian cancer as a result of her use of Johnson & Johnson’s Baby Powder over many years, and alleged that Johnson & Johnson had internal knowledge for decades of scientific studies that demonstrated that the use of talc could cause cancer.

In support of this allegation, Plaintiff’s lawyers presented to the jury a 1982 study suggesting that women who used baby powder – which is mainly comprised of talc – were at a 92% increased risk for ovarian cancer.  Plaintiff’s lawyers also claimed that the lead researcher for that study advised Johnson & Johnson about the study, and suggested that the company should place a warning label on their product, but Johnson & Johnson refused.  In its defense, Johnson & Johnson took issue with the 1982 study, and argued that talc is inherently safe, analogizing talc to red meat and alcohol – neither of which require warnings.

Much of the controversy surrounding this new litigation stems from the science lawyers representing plaintiffs are using to support their claims.  Johnson & Johnson argued during trial that the scientific studies on which Plaintiff relied upon are flawed and “made-for-litigation.”  Specifically, many studies supporting the association between ovarian cancer and talc are based on interviews conducted on women already diagnosed with ovarian cancer, asking them to remember whether they ever used talcum powder; accordingly, such studies run the risk of promoting inaccurate recollection.

Epidemiologist Jack Siemiatycki, who testified on behalf of Plaintiffs, stated that it is “more likely than not that talc can cause ovarian cancer.”  Additionally, Laura Plunkett, a pharmacologist and toxicologist hired by Plaintiffs, opined that talc is toxic, and when used on a woman’s lower extremities, can cause ovarian cancer by migrating into the ovaries and causing chronic inflammation, which worsens even from small applications over long periods of time.

Johnson & Johnson argued that Plaintiff’s experts base their assertions on unreliable studies, citing to a 2000 cohort study by researchers at Harvard University, in which they concluded that there was “no overall association” between talc and “epithelial ovarian cancer.”  In that study, out of the 78,630 women that stated they used talcum powder products, 307 of them were eventually diagnosed with ovarian cancer.  While the study did state that there was a “modest elevation in risk” for one variety of the disease – invasive serous ovarian cancer – the report concludes that the “results provide little support for any substantial association between
Continue Reading Johnson & Johnson Hit With $417 Million Verdict In Spite of Inconclusive Scientific Evidence