According to a recent article on the BBC News website, 22 women who allege that they developed ovarian cancer from using the Johnson & Johnson Baby Powder and other talc products have been awarded a total of $4.7billion in damages ($550million in compensation and $4.1billion in punitive damages) by a jury in the United States of America.
This decision comes after a six-week trial in Missouri, where the affected women stated that they developed the cancer after using the powder for decades. Six of the 22 women affected and represented within the proceedings, have since died from ovarian cancer.
Talc is a naturally occurring mineral, and the mines which collect this can often contain asbestos. Therefore, the solicitors who represented the women during the case claimed that Johnson & Johnson were aware that their talc was contaminated with asbestos since the 1970’s but failed to warn consumers of the risks.
The Dangers of Asbestos
- Asbestos can cause a number of illnesses, including mesothelioma, asbestosis and pleural thickening. The dangers arise when the asbestos has been damaged or disturbed, which then causes the dangerous fibres to become airborne and then inhaled.
Johnson & Johnson claim that their baby powder is made from high purity talc and is free from asbestos and asbestiform fibres, and is subject to regular testing to confirm purity. They state that it is completely safe to use and does not cause cancer.
It is believed that Johnson & Johnson plan to appeal the decision, and it could be that the $4.1billion in punitive damages could be reduced as a result or that the verdict could be overturned entirely. In the past Johnson & Johnson have successfully overturned various similar jury verdicts, generally on technical grounds.
Following the verdict, Johnson & Johnson commented:
“Every verdict against Johnson & Johnson in this court that has gone through the appeals process has been reversed and the multiple errors present in this trial were worse than those in the prior trials which have been reversed.”
How can Nelsons help?
Legal claims involving asbestos is a specialist area of law and involves complicated medical issues. At Nelsons, we have a team of Personal Injury experts who specialise in this area. If you have any questions, please contact a member of the team on 0800 024 1976 or contact us via the online form.