In January, talc plaintiffs requested that a 3rd Circuit appeals court revive the class action lawsuit brought over an alleged link between Johnson & Johnson’s baby powder and ovarian cancer. Unlike the other lawsuits, which have resulted in significant verdicts and settlements, this lawsuit does not revolve around injuries or death. This lawsuit is a class action lawsuit for consumers asserting economic damages. It was dismissed in July 2017 by U.S. District Judge Freda Wolfson in New Jersey.
Why are plaintiffs attempting to have the court revive the class action lawsuit? The answer has something to do with eye drops. Plaintiffs and their attorneys are relying on the recent October 2017 ruling in Cotrell v. Alcon. This lawsuit was comprised of consumers who alleged that the manufacturers and distributors of the eye drops engaged in unfair trade practices by selling them in dispensers that dispense doses too large, thus leading to economic damages. The trial judge in Cotrell was also U.S. District Judge Freda Wolfson. Judge Wolfson ruled that plaintiffs’ claims that defendants caused them to waste money on medication was too speculative and dismissed the class action lawsuit. Now, the talc plaintiffs are hopeful that their appeal may have a similar result.
History of Johnson & Johnson Talcum Powder Lawsuits
Johnson & Johnson’s talcum powder products have been linked to ovarian cancer in numerous women. Since the lawsuits began, J&J has been ordered to pay over $700 million in damages. Some of those lawsuits have included:
- $417 Million - in August 2017, a California woman was awarded $347 million in punitive damages and $70 million in compensatory damages.
- $110 Million - in May 2017, a Virginia woman was awarded $66 million in punitive damages from J&J, $39 million in punitive damages from J&J Consumer, and $50,000 in punitive damages from J&J talc supplier Imerys. She was also awarded $5.4 million in compensatory damages.
- $70 Million - in October 2016, a California woman was awarded $67.5 million in punitive damages and $2.5 million in compensatory damages after she was diagnosed with stage 4 ovarian cancer.
- $55 Million - in May 2016, a South Dakota woman was awarded $5 million in compensatory damages and $50 million in punitive damages.
- $72 Million - in February 2016, an Alabama woman’s family was awarded $72 million in the first case to receive monetary damages.
Damages Caused by Johnson & Johnson’s Talcum Powder
Lawsuits have argued that Johnson & Johnson provided no warnings about the potential risks of developing ovarian cancer when using their products. This is despite the fact that internal studies at Johnson & Johnson had concluded that there was a possibility of ovarian cancer with use. In fact, despite the cancer risks, Johnson & Johnson continued to market their products as safe to use on the entire body. In some campaigns, they even directly promoted the use of their products in the pelvic region.
Numerous studies have concluded that there is a link between talcum powder and ovarian cancer. This is due to the talc particles becoming lodged in the ovaries after it has come in contact with the genital area.
Contact Our Philadelphia Product Liability Lawyers
If you believe you suffered from economic damages after purchasing J&J talcum powder products, we may be able to help! We are proud to offer free legal consultations to injured clients - don’t wait! Also, if you have been diagnosed with ovarian cancer and believe it is associated with your use of talcum powder, you may be eligible for compensation in an individual lawsuit. We represent hundreds of women in these cases and are available to discuss your potential case.
To learn more about your legal options or to schedule a free consultation call the Philadelphia class action lawyers at Golomb Legal today at 1-800-355-3300 or 1-215-985-9177 or fill out our confidential Contact Form.
The national product liability lawyers at Golomb Legal have successfully represented individuals in Philadelphia, Pennsylvania, New Jersey, and throughout the United States.