New York / Bloomberg
Johnson & Johnson must pay $55 million to a 62-year-old South Dakota woman who blamed her ovarian cancer on the companyâ€™s talcum powder in the second such trial loss this year.
J&J is accused in more than 1,000 lawsuits in state and federal courts of ignoring studies linking its Shower-to-Shower product and Johnsonâ€™s Baby Powder to ovarian cancer. Women contend the company knew the risk and failed to warn customers. In February, J&J lost a $72 million verdict in the same St. Louis courthouse to the family of a woman who died of the disease. â€œThe more talc verdicts that come down against them adds to the publicâ€™s growing distrust of their baby powder, which is one of their iconic products,â€ said Carl Tobias, who teaches product-liability law at the University of Richmond in Virginia. â€œThere are both economic and reputational issues that may motivate them to start thinking about a global settlement of these cases.â€
J&J should consider setting up a settlement program to dispose of the talc cases, said Tobias, who isnâ€™t involved in the case.
State court jurors awarded $5 million in compensation and $50 million in punitive damages to Gloria Ristesund, who was diagnosed with cancer in 2011 after using J&Jâ€™s talc-based feminine hygiene products for almost 40 years. Ristesundâ€™s cancer, after she underwent a hysterectomy, is in remission.
â€œScience has been simple and consistent over the last 40 years: Thereâ€™s an increased risk of ovarian cancer from genital use of talc,â€™â€™ Allen Smith, Ristesundâ€™s lawyer, told jurors. Ristesund used talc for four decades unaware there were any health concerns, he said.
J&J, the worldâ€™s largest maker of health-care products, denied any link between talc and ovarian cancer or any need to warn women. The company will appeal the verdict, Carol Goodrich, a J&J spokeswoman, said in an e-mailed statement.
â€œUnfortunately, the juryâ€™s decision goes against 30 years of studies by medical experts around the word that continue to support the safety of cosmetic talc,â€™â€™ Goodrich said. â€œJohnson & Johnson has always taken questions about the safety of our products
Ristesundâ€™s lawsuit is the third to go to before a jury, preceded by the trial in the suit brought by the family of Jackie Fox, who died at 62. An earlier trial in federal court in South Dakota in 2013 ended with a jury finding that J&J was negligent while deciding not to award damages. The company faces another talc trial in the St. Louis court in September.
J&J documents showed the company was aware of health concerns since the mid-1970s, Smith told jurors Friday in closing arguments. A 1992 document suggested targeting women who were high users of talcum powder to boost sales, he said.
Ristesund incurred $174,000 in medical bills, plus pain and suffering, Smith told jurors. Talc was found in her ovarian tissue after the hysterectomy, he said.
Christy Jones, a J&J attorney, told jurors that Ristesund had several risk factors for ovarian cancer, that included a family history of cancer, having endometriosis and the fact she had no children, Jones said. â€œNobody knows what causes ovarian cancer,â€ she said.