Dec 12 (Reuters) - A California jury on Friday awarded
$40 million to two women who said Johnson & Johnson's ( JNJ )
baby powder was to blame for their ovarian cancer.
The jury in Los Angeles Superior Court awarded $18 million
to Monica Kent and $22 million to Deborah Schultz and her
husband after finding that Johnson & Johnson ( JNJ ) knew for years its
talc-based products were dangerous but failed to warn
consumers.
Erik Haas, Johnson & Johnson's ( JNJ ) worldwide vice president of
litigation, said in a statement the company plans to
"immediately appeal this verdict and expect to prevail as we
typically do with aberrant adverse verdicts."
A spokesperson for the plaintiffs did not immediately
respond to a request for comment.
Kent was diagnosed with ovarian cancer in 2014, according to
court records. Schultz was diagnosed in 2018. Both women are
California residents who say they used J&J's baby powder after
bathing for 40 years. Their treatments for ovarian cancer have
involved major surgeries and dozens of rounds of chemotherapy,
they testified at the trial.
In closing arguments that Reuters viewed on Courtroom View
Network, Andy Birchfield, an attorney for the women, told the
jury that Johnson & Johnson ( JNJ ) knew as far back as the 1960s that
its product could cause cancer.
"Absolutely they knew, they knew and they were doing
everything they could to hide it, to bury the truth about the
dangers," Birchfield said.
Allison Brown, an attorney for Johnson & Johnson ( JNJ ), said the
only people to tell Kent and Schultz that their cancers were
caused by talc were their lawyers, as the alleged connection
isn't backed by any major U.S. health authority and there is no
study that shows talc can migrate from the outside of the body
to the reproductive organs.
"They don't have the evidence in this case, and they hope
you don't mind," Brown told the jury.
J&J is facing lawsuits from more than 67,000 plaintiffs who
say they were diagnosed with cancer after using its baby powder
and other talc products, according to court filings.
The company has said its products are safe, do not contain
asbestos and do not cause cancer. J&J stopped selling talc-based
baby powder in the U.S. in 2020, switching to a cornstarch
product.
J&J has sought to resolve the litigation through bankruptcy,
a proposal that has been rejected three times by federal courts,
most recently in April. The bankruptcies had put most cases on
hold. Brown and Kent's cases are the first to go to trial since
the latest Chapter 11 attempt was dismissed.
Before the bankruptcy attempts, J&J had a mixed record in
talc trials, with verdicts as high as $4.69 billion awarded to
women who said baby powder caused their ovarian cancer. The
company has won some trials outright and had other verdicts
reduced on appeal.
The majority of lawsuits involve ovarian cancer claims.
Cases alleging talc caused a rare and deadly cancer called
mesothelioma make up a smaller portion of the claims J&J is
facing. The company has previously settled some of those claims
but has not struck a nationwide settlement, so many lawsuits
over mesothelioma have proceeded to trial in state courts in
recent months.
In the past year, J&J has been hit with several substantial
verdicts in mesothelioma cases, including one for more than $900
million in Los Angeles in October.