The case of an ovarian cancer victim made news when a St. Louis jury awarded $72 million to her family in a wrongful death lawsuit against Johnson & Johnson. However, last month, a Missouri appellate court tossed out that jury verdict. The family is now seeking a review of that appellate court decision for her talcum powder lawsuit.
The patient was 62 when she died about four months before a St. Louis circuit court heard her claim that the healthcare giant’s talcum powder products caused her ovarian cancer. In February 2016, a jury awarded her family $10 million in actual damages and $62 million in punitive damages. However, the appellate court ruled that her lawsuit lacked jurisdiction in Missouri because of a U.S. Supreme Court decision in June that imposed limitations on where personal injury or product liability lawsuits can be filed.
In that case involving pharmaceutical company Bristol-Myers Squibb, the court ruled that non-California residents could not file claims against the New York-based maker of blood thinner Plavix, determining that establishing a lawsuit’s jurisdiction requires a stronger connection between the state where the lawsuit is brought and the plaintiff’s claims. The motion filed by this patient’s family asked that the court review her case or that it be transferred to the state’s highest court.
Talcum Powder and Ovarian Cancer
To date, hundreds of women have filed product liability lawsuits saying that they have been diagnosed with ovarian cancer after using J&J talcum powder products such as the company’s popular Baby Powder and Shower to Shower. In these cases, plaintiffs’ attorneys argued that J&J and their talc supplier, Imerys, knew for many years that talc was cancer-causing. For their part, the company’s lawyers have argued that these allegations are based on “flawed science” and that talc is no more dangerous than consuming red meat or alcohol. So far, in many of these trials, we’ve seen studies from the 1980s showing links between talc and ovarian cancer.
The recent large verdicts against J&J have encouraged hundreds of women to come forward and file more lawsuits, which is a good thing because these women and families that have lost loved ones will finally get the justice they seek. These women, like many others, bought into J&J’s marketing and their commercials, which encouraged women to use talcum powder for feminine hygiene. Instead of warning them, J&J encouraged them to use more of these products.
Call Our Firm Today!
If you have been diagnosed with ovarian cancer after using J&J’s talcum powder products, you may have a valid talcum powder lawsuit. You may be able to receive compensation for medical bills, lost income and pain and suffering, among other losses. If you have lost a loved one to ovarian cancer, you may also be able to file a wrongful death lawsuit. Our personal injury law firm works with experienced and knowledgeable talcum powder lawyers, who charge no legal fees unless you receive a settlement or award. Contact us anytime toll-free at 1-800-992-6878 or fill out a contact form online for a free case evaluation.