Mesh Medical Device News Desk, March 6, 2017 ~ J&J has won its first talcum powder/ ovarian cancer trial in St. Louis.
After a series of trial losses over its talcum powder, Johnson & Johnson has finally won a Talcum powder/ovarian cancer lawsuit.
On Thursday, March 3, a St. Louis jury rejected the plaintiffs’ contention that after using J&J Baby Powder for 36 years she developed ovarian cancer which was diagnosed in 2013.
The state court jury in St. Louis voted 11-1 to deny a victory to Nora Daniels, 55, from Columbia, TN.
Another defendant, Talc supplier, Imerys Talc North America, also won the defense verdict from the month-long trial. It is the first defense for talc makers. (Case No. 1422-CC09326-01. Missouri’s 22nd Judicial Circuit Court).
There are more than 2,500 similar lawsuits pending in state court in St. Louis.
Three prior trials in St. Louis ended with verdicts in favor of the plaintiff awarding a total of $195 million in damages.
Jacqueline Fox, National Law Journal, died of ovarian cancer
One year ago the company was ordered to pay $72 million following the death of Jacqueline Fox from ovarian cancer.
A May 2016 verdict also returned in the plaintiffs favor and $55 million was awarded. In October 2016, a jury decided in favor of the plaintiff awarding her $67.5 million.
Reuters reports J&J tried to have the Daniels case moved to federal court just prior to trial.
In the product liability lawsuit, the plaintiffs alleged J&J failed to warn about the dangers of talcum powder when used for feminine hygiene.
Daniels' attorney was Allen Smith of the Smith Law Firm, who cited more than 30 epidemiological studies typing talc to an increased risk of ovarian cancer. Also representing Ms. Daniels was Ted Meadows of Beasley, Allen, Crow Methvin, Portis & Miles, from Montgomery, Alabama, who had represented the previous talc plaintiffs in the St. Louis court.
Meadows said, “we are committed to carrying the fight forward with the legal claims of thousands of innocent victims whose lives have been shattered by ovarian cancer.”
ADDING WALGREEN CO. TO THE DEFENSE
Crain’s Chicago Business Journal reports, March 2, that a talcum powder lawsuit filed in an Illinois circuit court this month, names not only Johnson & Johnson but adds Walgreen Co. as a defendant.
Andrea Harris, a competitive athlete, alleges the use of Johnson’s Baby Powder and shower to Shower purchased from Walgreen, between 1980 and 2006, led to her diagnosis of ovarian cancer in 2015. Walgreen shares a joint office with J&J in Buffalo Grove working on business plans, distribution and marketing.
Harris maintains the two companies implemented strategies together to influence consumers’ purchase of J&J baby powder products. One ways was through a loyalty and rewards program.
Defendants are Johnson & Johnson Customer Logistics Services from Buffalo Grove. Defendant Logistics, packages, labels markets and distributes products such as talcum powder including to Walgreens.
Walgreen Co., based in Deerfield, Illinois, was engaged in marketing and selling talcum powder products and operated the J&J-Walgreens Team office in Buffalo Grove Illinois. ###