Another Missouri jury awarded $55 million to a woman who sued the company over allegations that she developed ovarian cancer after decades of using talc body powder for feminine hygiene. The verdict includes $5 million in actual damages and $50 million in punitive damages, according to a press release issued by Beasley Allen, the law firm representing the woman’s family.
The complaint, which was filed on behalf of over 60 plaintiffs, including the 62-year-old woman, alleged that each woman had developed ovarian cancer as a direct result of using Johnson’s® Baby Powder and its Shower to Shower® body powder—both of which contained talc—for more than 40 years. Specifically, the women all alleged that they had used Johnson & Johnson’s talcum powder products to dust their perineum for feminine hygiene purposes. It was asserted in the case that this was an intended and foreseeable use of these products based on the manufacturer’s advertising, marketing, and labeling of them. It was alleged that her development of ovarian cancer was directly and proximately caused by the unreasonably dangerous and defective talc products and the manufacturer’s “wrongful and negligent conduct in the research, development, testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.” According to the timeline outlined in the complaint, Johnson & Johnson knew in 1971 about a study’s suggestion that there was a possible link between ovarian cancer and talc.
It was further alleged that at all pertinent times, cornstarch presented a feasible alternative to the use of talcum powder. Cornstarch is an organic carbohydrate that is quickly broken down by the body with no known health effects. Cornstarch powders have been sold and marketed for the same uses with nearly the same effectiveness.
“This second jury verdict affirms that Johnson & Johnson knew that its talcum powder products posed a risk to women’s health, but they did nothing to warn the public,” said Beasley Allen lawyer Ted Meadows.
The jury found Johnson & Johnson and Johnson & Johnson Consumer Companies, Inc. equally liable on the consumer’s claims for product liability failure to warn and negligence, and conspiracy. However, the jury found in favor of these two companies on the woman’s conspiracy claims. The jury also found in favor of Imerys Talc America, Inc., which has been in the business of mining and distributing talcum powder for use in talcum powder-based products, including the products at issue, on the negligence claim (the strict liability failure to warn claim had been withdrawn).
After agreeing that the products contributed to the woman’s development of ovarian cancer, the jury rendered a $55 million verdict for the woman’s family. The verdict included $5 million in actual damages and $50 million in punitive damages ($35 million against Johnson & Johnson; and $15 million against Johnson & Johnson Consumer Companies, Inc.).
In February, another City of St. Louis Circuit Court jury awarded a woman’s family $72 million after agreeing the products contributed to the development of her ovarian cancer. That verdict included $10 million in actual damages and $62 million in punitive damages (see J&J gets hit with $72M verdict over link between Talc powder and cancer, Health Law Daily, February 26, 2016).