NEW YORK, April 18 (Reuters) - A Florida jury on
Thursday concluded that Johnson & Johnson's ( JNJ ) baby powder
talc product did not cause the ovarian cancer of a Florida woman
who died in 2019.
The lawsuit was brought by family members of Patricia
Matthey, a Sarasota County resident who used Johnson's baby
powder daily from 1965 until August 2016, when she was diagnosed
with ovarian cancer, according to her family's lawsuit.
J&J's Worldwide Vice President of Litigation Erik Haas said
the company was vindicated by the jury's decision.
"Consistent with decades of scientific research, the jury
appropriately found that talc is safe, does not contain asbestos
and does not cause cancer, which is the same outcome the company
achieved in 16 of 17 ovarian cases tried to date," Haas said.
Leigh O'Dell, an attorney for the Matthey family, said she
respects the jury's decision, but will remain "undeterred" in
future cases against J&J.
"The science supports the association between genital talc
use and ovarian cancer, and we will continue to seek justice for
the victims of J&J's neglect and indifference," O'Dell said.
Before her death, Matthey testified that advertisements for
baby powder made her think that she was "dirty and smelly" and
that she "needed Johnson's baby powder to be a good clean
person," according to evidence presented by her family's
attorney Lance Oliver during the trial.
The Matthey family alleged that J&J knew for decades that
the talc it mined for use in baby powder could be contaminated
with carcinogenic asbestos fibers. J&J suppressed scientific
evidence linking talc products to increased cancer risk,
according to the complaint.
J&J argued that there was no "conspiracy" to suppress
research. Instead, the scientific evidence simply does not
support the Matthey family's claims that its talc products cause
cancer, according to J&J.
"This is fundamentally a case about science," J&J's attorney
Morty Dubin said during opening statements in the trial.
J&J faces more than 50,000 lawsuits over talc, most by women
with ovarian cancer, with a minority of the cases involving
people with mesothelioma. Asbestos exposure is a known cause of
mesothelioma.
J&J has attempted to reach a comprehensive settlement of the
talc litigation through bankruptcy, but courts have rejected its
two previous attempts.
Haas has said that the company is considering a third
bankruptcy filing, and is trying to build more support for a
bankruptcy settlement among the plaintiffs that have sued the
company.
Haas said on Thursday that J&J will "continue to defend the
meritless talc claims in the tort system," while those
negotiations continue.
J&J's bankruptcy strategy put the talc litigation on hold
from 2021 to 2023, but trials have resumed after the latest
bankruptcy case was dismissed.
Trials in the talc cases have had a mixed record, with major
plaintiff wins including a $2.1 billion judgment in 2021 awarded
to 22 women with ovarian cancer.
A New Jersey appeals court in October threw out a $223.7
million verdict against the company, finding the testimony of
the plaintiffs' expert witnesses unsound. The most recent case
to go to trial ended in a hung jury on March 5.
J&J has recently settled some cases involving plaintiffs
with mesothelioma, but the company has not provided details
about the dollar amounts involved or said how many people they
covered.