Johnson & Johnson Wins A $125 Million Talcum Powder Mesothelioma Appeal In New York Court

The reversal adds strength to the company's willingness to provide a quick settlement for around 40,000 talcum powder ovarian cancer lawsuits

Monday, July 25, 2022 - Johnson & Johnson claims its iconic brand of talcum powder, Johnson's Baby Powder is safe, pure, and asbestos-free. The company continues to challenge, and sometimes win, about a dozen or so appeals of talcum powder ovarian cancer lawsuits that were decided against them in recent years. The company has been successful many times and most recently overturned a $325 million judgment against them. A New York jury awarded Donna Olsen the lottery-like sum of money thinking that the plaintiff's use of Johnson's Baby Powder for various purposes caused her to develop mesothelioma. Mesothelioma is an asbestos-specific disease caused by inhaling asbestos that has become airborne. The sharp asbestos fibers cause billions of microscopic cuts in the delicate lining of the lungs called the alveoli. When the cuts heal, inelastic scar tissue forms making it increasingly more difficult to breathe. The defense's appeal was based on their claim that "the verdict rendered at trial was contrary to the weight of the evidence," according to JD Supra.com. The appeals court agreed with the claim and reversed the verdict. According to the JD Supra report, New York law requires that a specific amount of a toxin was ingested sufficient to cause the underlying illness. The appeals court found that the plaintiff did not establish the amount of Johnson's Baby Powder the plaintiff used via presenting expert testimony. The initial jury award of $325 million had been reduced to $125 million and is now vacated.

In 2017, another talcum powder cancer jury award for $72 million was reversed on appeal. The reversal was based on the administrative grounds that the plaintiff resided in Alabama and not Missouri where the case was tried. Jacqueline Fox was one of the first of thousands of women to allege that her lifelong use of Johnson's Baby Powder for feminine hygiene caused her to develop terminal ovarian cancer. Johnson & Johnson still faces jury awards of more than $2 billion from other plaintiffs. One jury award was upheld by the Missouri court of appeals for $2.1 billion awarded to 17 women who have developed ovarian cancer and used the product regularly. That amount was reduced from $4.2 billion, a hollow win for the defense. Most of the Johnson & Johnson appeals revolve around a recent Supreme Court ruling stating limiting personal injury and wrongful death cases to the state where plaintiffs alleged injuries happened. According to Reuters, "the Supreme Court ruled 8-1 in a case involving Bristol-Myers Squibb Co that state courts cannot hear claims against companies that are not based in the state when the alleged injuries did not occur there." The Olsen reversal could influence others that allowing Johnson & Johnson to spin off its talc liabilities into a separate entity and have the bankruptcy court divide the assets could be the best route for talcum powder cancer plaintiffs to take. ">

Information provided by TalcumPowderCancerLawsuit.com, a website devoted to providing news about talcum powder ovarian cancer lawsuits, as well as medical research and findings.