Originally published by Blizzard & Nabers Blog.
Six baby powder cancer lawsuits have gone to go to trial so far, and while in five of them, Johnson & Johnson (J&J) was found to have failed to warn women of the dangers of talcum powder, the seventh trial in California has blown all past verdicts out of the water. A jury awarded $417 million to a woman who developed ovarian cancer from long-term baby powder use around her groin.
Eva Echeverria used J&J’s baby powder products for feminine hygiene on a daily basis beginning in the 1950s. Unfortunately, Ms. Echeverria was diagnosed with ovarian cancer in 2007 and has undergone extensive treatment to fight the cancer. She was unable to attend her trial because is still undergoing treatment. Jurors awarded Ms. Echeverria $68 million in compensatory damages and $340 million in punitive damages designed to punish J&J for its negligence.
The first baby powder lawsuit went to trial in 2013. While the jury found J&J grossly negligence, it did not award the plaintiff any damages. However, the tide turned on J&J in 2016 when three separate baby powder cases went to trial in St. Louis and in all three of those cases, the plaintiffs were awarded millions in damages. This past May, the company suffered another crushing defeat when it lost the fifth baby powder cancer trial.
Up until this latest trial, J&J has been ordered to pay a total of $307.6 million to talcum powder cancer victims, but last week’s gigantic California verdict does more than hurt J&J financially. The previous five cases went to trial in St. Louis, which J&J criticized as a “plaintiff friendly” venue. However, this verdict in a California state court illustrates J&J’s losses aren’t because of jurisdiction, but because jurors believe the company purposefully hid the dangers of talc from consumers.
J&J has repeated stated it intends to appeal all baby powder verdicts, but the California verdict brings the company’s total liability so far to $724.6 million awarded to plaintiffs. With thousands of cases still pending around the country, the company will have to think hard about whether or not pursuing cases in court is better than reaching a settlement.
Baby Powder Ovarian Cancer Lawyers
If you developed ovarian cancer during or after long-term baby powder use, the talcum powder ovarian cancer lawyers at Blizzard & Nabers can help you understand your legal options and file a claim on your behalf. Call us today to schedule a consultation to discuss your case.
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
from Texas Bar Today http://ift.tt/2wmQLRK
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