A Sarasota jury will soon hear evidence from attorney’s representing a local family pertaining to the long-term use of Johnson & Johnson’s talc-based baby powder and its link to causing ovarian cancer.
Attorneys for the family addressed the jury as to the evidence to be presented during a three-week trial, which related to whether or not the long-trusted baby powder brand is responsible for countless wrongful death lawsuits.
The family of Patricia Matthey is suing pharmaceutical and medical technology company Johnson & Johnson for product liability and wrongful death.
Matthey was diagnosed with ovarian cancer due to talcum powder in August 2016. About two years following her diagnosis she filed her lawsuit in Sarasota County, where she resides. Pat alleges that her cancer was directly linked to her more than 50 year use of J&J’s talc-based baby powder.
According to the family’s attorney, in November 2019, Patricia Matthey lost her long battle with Stage 4 ovarian cancer at the age of 72. Philippe Matthey, son of the plaintiff, is suing and representing the estate of his mother in a civil lawsuit against the company.
One of the opening statements from the family’s attorney Oliver, from Motley Rice LLC. included, ‘How does one of the most trusted baby product companies end up in a courtroom like this accused of something like this?
The answer: the company exploited the trust of consumers and put wealth over women again, and again, and again,” Oliver said.
The Science Behind the Case
Patricia Malthey’s lawsuit is one of numerous litigation cases the company has faced alleging its talcum powder caused users to develop ovarian cancer or mesothelioma through frequent feminine hygiene use.
In 2021, the pharmaceutical giant announced that LTL Management LLC, a subsidiary of Johnson & Johnson, established to hold and manage claims in the cosmetic talc litigation, filed for voluntary Chapter 11 bankruptcy protection. As of late 2023, Johnson & Johnson is facing 50,000-plus lawsuits linking its baby powder to cancer.
For decades now, researchers, scientists, and government agencies have filed various opinions about whether talc-based powders increase the risk of ovarian cancer in women.
Talc is a naturally occurring, soft mineral made up of silicon, magnesium, and oxygen, and is often found in mines with asbestos.
There are limited studies that provide scientific evidence that talc causes ovarian cancer, but links to asbestos and cancer abound. The fact that talc and asbestos are commonly found to coexistence has led to a shift in litigation strategy – blaming ovarian cancer on this specific compound
Concerns about a link between talc and ovarian cancer began surfacing around 1971, when scientists reported finding talc particles embedded in cervical and ovarian tumor tissue.
While there is no proven connection between talc or asbestos and ovarian cancer, asbestos is a compound known to cause mesothelioma and lung cancer. The connection between the substance and various cancers is so clearly demonstrated that plaintiffs have successfully persuaded juries to its carcinogenic link to ovarian cancer.
By the end of 2023, Johnson & Johnson’s talc cancer lawsuits settlements reached $700 million within the United States. Notable high payout cases include an $18.8 million awarded to a California man in 2021, and a St. Louis jury verdict to award $4.69 billion to 22 women who sued J & J, alleging their ovarian cancer was caused by using its powder as a part of their daily hygiene routine.
J & J’s Decision to End Talc Sales
In October 2019, Johnson & Johnson announced it would no longer sell talc-based baby powder following a recall of 33,000 bottles of it’s J&J Baby Powder after the FDA found small amounts of asbestos in a bottle. The company began its slow phase out of the product following 14,650 lawsuits claiming talc found in its hygiene products contained asbestos.
The company has since confirmed its switching to the use of cornstarch instead of talc in its products. In a statement, J& J maintains that its decision to discontinue the use of talc in its baby powder product was due to what it labeled “misinformation” about the product’s safety and a barrage of lawsuits. J&J continues to insist that the majority of medical research on talc indicates its safety and that it doesn’t cause cancer.
