Thousands of women have come forward with allegations that Johnson & Johnson was actively aware of a link between its baby powder and Shower to Shower products and an elevated risk of ovarian cancer. Two recent verdicts in favor of plaintiffs who have sued the company represent the first shots in what is a growing class action lawsuit against a company that willfully endangered millions of women over the last thirty years. The Chicago talcum powder liability attorneys of Rosenfeld Injury Lawyers are currently reviewing cases and we can answer any questions you have about how recent verdicts might after your chances of recovering compensation should you file a claim.
Two Bellwether Cases Go Against J&J
Bellwether cases are the first cases to be heard in a mass tort filed against the same party or group of entities. They often set precedent for how future cases will be heard and can be very indicative of whether the plaintiff or defendant has an advantage. Thousands of women have come forward since recent publications have released information linking talcum powder based products such as baby powder and Shower to Shower to the development of ovarian cancer, which often progresses into later stages before it is diagnosed.
In the first case, heard by a St. Louis court, the family of an Alabaman woman who used J&J products most of her life was awarded $72 million in damages. She had developed ovarian cancer and eventually lost her fight to the disease. $62 million was assessed as punitive damages. The most recent verdict was in favor of a cancer survivor from South Dakota who argued that she developed ovarian cancer after using both Johnson & Johnson baby powder and Shower to Shower products. A St. Louis jury awarded her $55 million, $50 million of which was in punitive damages.
Johnson & Johnson to Appeal Rulings
Despite two very pivotal losses, J&J continues to refute any claims that there is a definitive link between the use of talcum powder and the development of cancer. This is despite a thirty year history of studies published which have concluded that the products were harmful when used as Johnson & Johnson suggested and the admission of one of Johnson & Johnson’s own medical consultants that the link was irrefutable. Today, medical organizations are conflicted as to how legitimate the claims are and how much of an increased risk women have of developing cancer, but there is enough evidence to advise caution.
Doctors have advised mothers to stop using talcum based powders on children for diaper rash due to reported respiratory problems and inflammation in the lungs. It has also been linked to lung cancer due to having properties similar to asbestos, which is normally found in the same mines talc is recovered from.
Should Johnson & Johnson lose its appeals, this may signify the arrival of a settlement offer sooner rather than later for all of those who have a claim to file. A third bellwether case is set to be heard later this year in the same court that heard the first two.
Failure to Warn Basis of Victory
The refusal of Johnson & Johnson to place a warning on its products is the linchpin in the plaintiffs’ favor. Despite conflicting reports from varied groups over whether talc-based products do in fact cause ovarian cancer, there would be no grounds for a suit had Johnson & Johnson placed a warning on its product labels. Thousands of women were assured of the products’ safety only to learn later on that they had been lied to for over thirty years. Evidence of Johnson & Johnson’s internal knowledge of these risks is going to be the basis of the next plaintiff’s arguments in the upcoming trial.
Rosenfeld Injury Lawyers is currently evaluating cases and would like to hear from you if you or a loved one developed ovarian cancer after years of using talc-based products. You may be entitled to recover compensation for your medical expenses, pain and suffering, loss of consortium and out of pocket expenses. Our legal team is an award winning and leading group of lawyers serving the Chicago area and out attorneys have the experience, knowledge and track record of success to give your case the greatest chance of a favorable outcome.
Contact us today to arrange a free consultation with one of our Chicago talcum powder liability attorneys. We can travel to meet you or conduct your consultation at any of our locations throughout Illinois. After we have gathered all of the information we need, we will conduct an investigation into the matter and let you know what legal options are available and how we would suggest you proceed. Since we work solely on a contingency fee basis, you are guaranteed that we will never require a fee until we have secured damages on your behalf.
If you have questions about your legal rights or the science involved in these cases, here is a link to our Talcum Powder Lawsuit FAQ's.