Johnson & Johnson ordered to pay $417m to woman claiming to have developed ovarian cancer from baby powder
Baby powder maker is forced to pay multimillion-dollar damages by Californian state, but it may not be the last
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Pharmaceutical giant Johnson & Johnson has been ordered to pay $417m (£325m) to a woman who claimed she developed ovarian cancer after using talcum powder made by the company.
The jury’s verdict in favour of California resident Eva Echeverria was the largest yet in lawsuits alleging J&J failed to adequately warn consumers about the cancer risks of its talc-based products.
“We are grateful for the jury’s verdict on this matter and that Eva Echeverria was able to have her day in court,” Mark Robinson, her lawyer, said.
The verdict by Los Angeles Superior Court included $70m in compensatory damages and $347m in punitive damages. It was a major setback for J&J, which faces 4,800 similar claims nationally in the US and has been told to pay more than $300m after verdicts by juries in Missouri.
“We will appeal today’s verdict because we are guided by the science, which supports the safety of Johnson’s Baby Powder,” J&J said.
Ms Echeverria’s lawsuit was the first out of hundreds of California talc cases to go to trial.
The 63-year-old claimed she developed terminal ovarian cancer after decades of using J&J’s products for feminine hygiene. Her lawyers argued J&J encouraged women to use its products despite knowing of studies linking ovarian cancer to genital talc use.
J&J’s lawyers countered that studies and federal agencies have not found that talc products are carcinogenic.
The trial follows five previous ones in Missouri, where many lawsuits are pending.
J&J lost four of those trials and, along with a talc supplier, has been hit with $307m in verdicts. Before Monday, the largest verdict was for $110m.
The Missouri cases, which have largely been brought by out-of-state plaintiffs, have faced jurisdictional questions after the US Supreme Court issued a ruling in June that limited where personal injury lawsuits can be filed.
In a case involving pharmaceutical company Bristol-Myers Squibb, the Supreme Court said state courts cannot hear claims against firms when the alleged injuries occurred outside of the state’s jurisdiction.
The ruling prompted a St Louis judge, at the urging of J&J, to declare a mistrial in a talc case already under way.
The judge nonetheless left the door open for the plaintiffs to argue they still have jurisdiction based on a Missouri-based bottler J&J used to package its products.
Reuters
Subscribe to Independent Premium to bookmark this article
Want to bookmark your favourite articles and stories to read or reference later? Start your Independent Premium subscription today.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments