The trial was anticipated as a bellwether for the thousands of claims still waiting to be heard.
A Los Angeles jury found on June 5 that Johnson & Johnson was not negligent when selling its talc-based baby powder and other cosmetic talc products.
The lawsuit had alleged that Johnson & Johnson’s talc-based baby powder caused ovarian cancer. The claims were brought by the families of three women who alleged the women’s ovarian cancer was linked to the talc in the company’s product, as the talc was at risk of containing asbestos.
“Talc litigation is a plaintiff-lawyer driven fake tort, premised on junk science,” Johnson & Johnson vice president of litigation Erik Haas said.
Ari Friedman, a lawyer representing one of the plaintiffs, said the verdict is disappointing.
The case involving the families of Mary Owens, Bonnie Tienken, and Geneva Williams—who each died of ovarian cancer and used Johnson’s baby powder—is seen as a bellwether trial for the thousands of claims remaining to be heard.
More than 67,000 plaintiffs have sued the company over allegations linking the company’s talc products to ovarian cancer. The company maintains its talc products are safe and asbestos-free, and argues it has a strong position, with 16 of the 17 ovarian cancer cases tried over the last 11 years being successfully overturned.
The June 5 verdict now adds to this record.
Thousands more have sued the company after developing mesothelioma—a rare form of cancer impacting the lining that covers the outer surface of some of the body’s organs, usually linked to inhaling or ingesting asbestos fibers. Ninety-five percent of those cases have been settled in private and the company has issued clauses that the settlements should not be seen as an admission of wrongdoing.
Johnson & Johnson has won some of the cases outright, including a trial in Oklahoma involving mesothelioma claims last week, while juries in other cases have awarded large settlements for plaintiffs.
The company has appealed in all cases and has got many of them reduced or overturned. Numerous appeals are ongoing.
By Melanie Sun
