The plaintiff had used J&J’s feminine talc powder products such as Baby Powder and Shower to Shower Powder on her genitals for decades. The usage of talc powder for feminine hygiene has been linked to an increased risk of ovarian cancer.
A U.S jury has ordered Johnson & Johnson to pay $55 million to a woman who claimed that using the company’s talc-powder for feminine hygiene caused her to develop ovarian cancer.
Although it’s very likely that Johnson & Johnson will go on appeal, the verdict is essentially the second straight loss for the company, which is facing 1,200 lawsuits for not adequately disclosing to consumers the cancer related risk factors for its talc-based products.
The verdict follows a three week trial in Missouri state court, with jurors taking a whole day to decide on the verdict. In the end, Gloria Ristesund was awarded $5 million in compensatory damages and $50 million in punitive damages.
As per Carol Goodrich, a spokeswoman for J&J, the verdict contradicted thirty years of research which supported the fact that using cosmetic talc is safe.
As per Ristesund, she had used J&J’s popular Baby Powder and Shower to Shower Powder on her genitals for decades. As per her lawyers, she was earlier diagnosed with ovarian cancer and had to undergo a hysterectomy and other related surgeries. Her cancer is currently in remission.
As per Ristesund’s lawyers, she is gratified with the verdict since it should “end the litigation” and compel J&J to settle the remaining cases.
With the news hitting the markets, J&J shares slipped by 18 cents and were seen at $112.57 in after-hours trading.
The same court had earlier awarded $72 million to a woman who died from ovarian cancer after using talc powder for feminine hygiene for years.
The verdict has spurred interests in talc-powder related lawsuits among plaintiff lawyers as well as among consumers. Scientists have however said the evidence of real danger is inconclusive.
Incidentally, plaintiffs in talc powder related litigations are concentrated near New Jersey and Missouri state courts. They have accused J&J for failing to warn that the usage of talc has been linked to an increased risk for ovarian cancer.
On its part, J&J said, it has acted properly in developing and marketing its products.
Significantly, the only other talc powder ovarian cancer related case was in Southern Dakota in 2013, wherein a jury had pronounced a mixed verdict. In that case, jurors who found J&J negligent, but did not award any damages to the plaintiff as the cancer was in remission, at the time of the trial.
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