On Friday, an Illinois court ordered Johnson & Johnson and Kenvue to pay $45 million in a case that involved a family that alleged a link between the relative’s death after being diagnosed with fatal cancer and the companies’ talcum-based baby powder. This is the latest win in a string of lawsuits against the pharmaceutical company.
According to a news release put out by Dean Omar Branham Shirley, which represented the family, Theresa Garcia died in July 2020 after being diagnosed with mesothelioma, a cancer shown to be connected to asbestos exposure.
The lawsuit filed by the family alleged that Garcia’s cancer diagnosis was directly connected to her frequent use of talcum-based baby powder. This type of cancer is linked to asbestos exposure, a substance found in talc products.
The legal firm’s press release went into details on how expert testimony and attorneys representing the family showed evidence that the products “contained asbestos fibers” and “explained that the daily use and amount inhaled by Ms. Garcia throughout her life led to her mesothelioma.”
The jury concluded that issues leading to Garcia’s death were not solely on Johnson & Johnson, which was only charged with 30% of the responsibility. The brunt of the financial burden from the case was put on Kenvue, the former consumer healthcare division of the pharmaceutical giant.
According to a statement, by J&J’s Worldwide Vice President of Litigation Erik Haas, the company plans to appeal the ruling. “The verdict in this trial is irreconcilable with the decades of independent scientific evaluations confirming talc is safe, does not contain asbestos, and does not cause cancer.”
Litigation cases against Johnson & Johnson continue to pop up around the country. In some cases, plaintiffs and their families are denied their day of justice in court.
Jury rules in favor of J&J in a Sarasota talc case
After a week-long testimony, a Florida jury concluded that Johnson & Johnson’s baby powder talc product did not cause the ovarian cancer of a Florida woman who died in 2019.
The family members of a Sarasota County resident named Patricia Matthey filed the lawsuit which linked her longtime, daily use of Johnson’s baby powder with ovarian cancer. According to the family, Patricia used the product daily from 1965 until August 2016, when she was diagnosed with cancer.
The Matthey family alleged that for decades J&J has suppressed scientific evidence linking its talc products to an increased risk of cancer. The complaint went on to say that the talc, which is mined close to asbestos, is a substance directly linked to cancer.
The family’s testimony went on to say that given the fact the two substances are found alongside one another, the baby powder can easily be contaminated with carcinogenic asbestos fibers.
Today, J&J faces more than 50,000 lawsuits tied to its talc products. The majority of the cases involve women with ovarian cancer, with a few of them linked to mesothelioma. Asbestos exposure is a known cause of mesothelioma.
Courts have rejected J&J’s two previous attempts to use bankruptcy in an effort to reach a comprehensive settlement of these types of talc litigations.
