Thousands of women nationwide are suing pharmaceutical giant Johnson & Johnson over its baby powder. According to claimants, the talcum particles in their product have given them ovarian cancer. Product liability lawsuits like these are where the NJ accident lawyers at The Law Offices of Vincent J. Ciecka, P.C thrive.
However, the plaintiffs in this case are not working together. Instead, they are taking the company to court individually. In a majority of product liability complaints, it is difficult to earn class-action status, due to the multiple ways the product can be purchased or utilized. The hope is that these individual litigations will lead to a mass payout. Every positive verdict can signal how much plaintiffs could expect to win if the company agrees to settle.
Verdicts against Johnson & Johnson have already amassed hundreds of millions of dollars in damages. Besides the financial loss, Johnson & Johnson’s reputation is at stake. They are famous for their baby powder. If it turns out that it is truly cancer-causing, it could be severely detrimental to their name.
Along with seeking restitution, claimants want Johnson & Johnson to put a warning on the label or to replace the product entirely with something that isn’t dangerous, but has the same beneficial effects. But the scientific verdict is still inconclusive.
Talcum powders contain talc, which has particles of oxygen, magnesium and silicon that absorb moisture. According to the American Cancer Society, a carcinogen known as asbestos which sometimes appears in natural talc was eliminated from commercially produced talc in the 1970s.
Studies from 1971 say that the reproductive system can absorb talc from baby powder, causing inflammation in the ovaries. However, the National Cancer Institute said the evidence does not prove an association between perineal talc exposure and the increased risk of ovarian cancer.
So far, Johnson & Johnson has lost six of these seven cases. A state court judge in New Jersey dismissed two complaints last year before reaching trial because the plaintiffs lacked credible scientific evidence. Johnson & Johnson is appealing the verdicts that favored plaintiffs, failing to comment on if they planned to pursue a global settlement.
If you are a victim of a faulty product, please contact The Law Offices of Vincent J. Ciecka, P.C. We also serve as workers compensation attorneys throughout NJ, as well as auto accident and workplace accident attorneys. Please call 856-283-0589 to schedule a free consultation.