Miami-Dade Circuit Judge William Thomas declared a mistrial in the first ovarian cancer trial involving Johnson & Johnson’s baby powder following its failed talc bankruptcies.
The mistrial comes after a three-week trial and nearly two days of deliberations. According to Courtroom View Network’s live stream of the trial, the jury sent a note to the Miami-Dade Circuit Judge expressing they were deadlocked, with no chance of agreeing on a verdict.
The case against Johnson & Johnson involved plaintiff Bob Sugarman, who was suing on behalf of his wife, Marilyn Seskin, an anesthesiologist who died from ovarian cancer in 2019.
At the age of 66, Seskin was diagnosed with primary peritoneal cancer, an extremely rare form of ovarian cancer, and died three years later.
Seskin’s husband’s lawsuit blames her life-long use of products like Johnson’s Baby Powder for causing his wife’s cancer. J&J refuted those claims and said their cosmetic talc products were safe and did not cause Seskin’s illness.
Legal counsel to the plaintiff and partner at Motley Rice, Lance Oliver, expressed disappointment at the jury’s inability to reach a verdict after a lengthy trial.
Oliver was asking jurors for $14 million in compensatory damages, as well as punitive damages. He laid out a convincing case before jurors as to the connection between Seskin’s long-time use of the talcum powder and its link to her ovarian cancer. Johnson & Johnson attorney Allison Brown brought up Seskin’s age and other risk factors in her defense case.
Judge Thomas told lawyers that he planned to allow punitive damages in the case. Thomas also said he plans to schedule a retrial of Sugarman’s case next month.
What Science Says about Talcum Powder
The scientific community still debates the direct link between talc and cancer, but does acknowledge that manufacturers must use great care when mining for talc – a substance found near asbestos that’s directly linked to various forms of cancer. While there is a possibility of contamination when mining for talc, there is no federal mandate to test the contents of hygiene or cosmetic products.
There are more than 55,300 lawsuits related to talcum powder’s connection to cancer, which are pending in the multidistrict litigation These lawsuits claim a link between the use of talc products and cancer, specifically ovarian cancer due to asbestos contamination. So far Johnson & Johnson has faced legal action from plaintiffs in all 50 states. Individuals in these cases claim that the company knew about asbestos contamination in their talcum powder product, but failed to warn consumers of the risks.
The concern over asbestos contamination first appeared in April 2018, when Johnson & Johnson and another company were found guilty of selling products contaminated with asbestos.
Talc and asbestos are naturally occurring minerals that are often mined alongside one another. The issues lie in talc’s possible contamination, being that it’s in close proximity to asbestos – a known carcinogen, linked to serious health issues. Talc is commonly a – cosmetic product, including baby powder, makeup, and more,
Legal cases pertaining to the presence of asbestos in talc-containing products continue to rise as more people become aware of its potential health risks. This has led to a significant increase in product liability issues for manufacturers. The mere fact that asbestos was detectable in any cosmetic talc products raises legitimate concerns even though only a small percentage of talc products screened positive for asbestos contamination.
Throughout the years, multiple studies have linked a possible connection between talc and certain types of cancers. The International Agency for Research on Cancer concluded that talc-based powders do pose an elevated risk of being carcinogenic for humans when used on genitals.
The Centers for Disease Control and Prevention (CDC) also reported that repeatedly inhaling talc might be harmful to the lungs.
Given the risk associated with the use of talc in cosmetic and hygiene products, The European Union has banned the sale of talc in beauty and health products in certain European countries.
Johnson & Johnson Chpt. 11 Dismissed
The Miami-Dade trial is one of the first talc trials since Johnson & Johnson subsidiary LTL Management’s second Chapter 11 case was dismissed last year. An appeals court ruling invalidated J&J’s controversial “Texas two-step” bankruptcy maneuver, in which the company tried to offload the talc liability onto a subsidiary.
Trials against J&J remained on hold from 2021 to 2023, until a new case was allowed to come before a California jury. The plaintiff in the case was 24-year-old Anthony Hernandez Valadez, who had months to live after being diagnosed with terminal mesothelioma. Valadez and his legal team made a convincing case before jurors and were awarded $18.8 million. by California’s Alameda County Superior Court.
Cases against Johnson & Johnson continue to make the news, with the civil trial in a Sarasota courtroom. The case involved the family of a Sarasota County woman who died in 2019 from ovarian cancer believed to be linked to talc-based baby powder.
