Citing Outrageous Conduct, Court Rules Against J&J
Johnson & Johnson was dealt a setback when an appeals court upheld a verdict by a Missouri jury. In its 83-page summary, the court said that the plaintiffs proved that J&J behaved with outrageous conduct along with evil motive when it withheld the cancer-causing properties of its baby powder.
The court lowered the amount of the award to $2.1 billion from $4.7 billion. This was broken down into $500 million in damages and $1.62 billion in punitive damages. Punitive damages are awarded to punish the defendant and prevent them from repeating the same action in the future.
Unanimous Decision by the Appeals Court
The appeals court’s decision came down on June 22. The plaintiffs consisted of 22 women who developed ovarian cancer after using J&J’s talc powder. Johnson & Johnson had asked the appeals court to remove the decision by the 2018 jury.
In May 2020, J&J curtailed selling their baby powder in the United States, although it is still available in other countries. With more than 19,000 cases in the queue, J&J is doing everything it can to save face and reduce damages. Johnson & Johnson said it would file an appeal against the Missouri appellate court.
The company has spent multiple decades trying to hide that their talc powder contained asbestos. Their scientists also worked to modify testing protocols to avoid the detection of asbestos.
Plaintiffs’ Lawyers Pleased With the Outcome
The lead attorney for the 22 plaintiffs said this should be seen as a wakeup call to the company to settle the remaining cases promptly. Another attorney for the plaintiffs said he was happy that the three appellate judges agreed.
Plaintiffs Share Physical Harm
Judge Philip Hess of the Missouri Court of Appeals said that the 22 women suffered both physical and financial harm from ovarian cancer. They were given chemo and underwent hysterectomies and other surgeries. He continued that the women developed side effects from the treatment, such as hair loss, neuropathy, seizures, and infection, among others. Some died, and others live in fear of relapse and a return of cancer, according to the judge’s statement.
J&J Has Been Hiding Talc’s Asbestos Content for Decades
Johnson & Johnson’s internal memos revealed that not only did executives with the company know their talc powder was contaminated, but they hid it from consumers. Deliberate efforts were made to downplay the presence of asbestos. Tests were modified to decrease detection, and J&J tried to coerce the FDA to not reveal the presence of asbestos. Such actions did not have consumer interest in mind. This lack of concern is still going on today as the company said it will continue to sell its talc powder in the United Kingdom and other countries.
How Did J&J Hide the Dangers of Talc Powder?
Even though talc powder was advertised for use on babies and for feminine hygiene, J&J historically did not place consumer interests first. They were able to do this since talc powder is considered a cosmetic substance and not regulated under stringent protocols for medicines, according to the FDA.
Mesothelioma and Ovarian Cancer
Cases involving mesothelioma against J&J show that inhalation of talc, as well as using it in the genital area, causes cancer. Both diseases have seen a sharp rise in recent decades, and ovarian cancer is the fifth leading cause of cancer in women.
Legal Help Concerning Johnson & Johnson
It is important to understand the legal implications of developing a deadly disease due to a company’s negligence. Your talcum powder/ovarian cancer injury lawyer will be able to help you navigate through the waters. Attorney Ed Smith believes that no one should suffer due to negligence by another party. He will sit down with you and your family and answer your questions in a free case review.
Sacramento Personal Injury Attorney
I’m Ed Smith, a personal injury attorney in Sacramento. Injury due to a corporation’s neglect and dishonesty should not be paid for by the injured individual. Rather, the company should be held liable for all damages. Call me for free and friendly advice concerning J&J talc powders. You can reach me at (916) 921-6400 or (800) 404-5400 or contact me online.
I’ve been helping Sacramentans and residents of Northern California since 1982 obtain the compensation they deserve.
I am proud to belong to the following organizations:
Learn more about my firm by using the links below:
Photo Attribution: photograph by Steve Garvie, distributed under a CC-BY 2.0 license.
:cd llo [cs 771]