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HomeMedico-LegalLargest J&J talc damages award over ovarian cancer claim

Largest J&J talc damages award over ovarian cancer claim

A jury has ordered Johnson & Johnson (J&J) to pay $417m to a woman who claimed she developed ovarian cancer after using the company’s talc-based products such as Johnson’s Baby Powder for feminine hygiene. The verdict in favour of California resident Eva Echeverria was the largest yet in lawsuits alleging J&J failed to warn consumers adequately about the cancer risks of its talc-based products, reports The Guardian.

“We are grateful for the jury’s verdict on this matter and that Eva Echeverria was able to have her day in court,” said Mark Robinson, her lawyer.

The report says the verdict by the Los Angeles Superior Court included $70m in compensatory damages and $347m in punitive damages. J&J faces 4,800 similar claims nationally and has been told to pay more than $300m after verdicts by juries in Missouri.

“We will appeal today’s verdict because we are guided by the science, which supports the safety of Johnson’s baby powder,” J&J said.

The report says Echeverria’s lawsuit was the first out of hundreds of California talc cases to go to trial. The 63-year-old claimed she developed terminal ovarian cancer after decades of using J&J’s products. Her lawyers argued J&J encouraged women to use its products despite knowing of studies linking ovarian cancer to genital talc use.

J&J’s lawyers countered that studies and federal agencies have not found that talc products are carcinogenic.

The trial follows five in the Missouri state court, where many more are pending. J&J lost four of those trials and, along with a talc supplier, has been hit with $307m in payouts as a result of the verdicts. Before this case the largest verdict ordered it to pay $110m.

[link url="https://www.theguardian.com/business/2017/aug/21/ovarian-cancer-victim-417m-payout-talc-use"]The Guardian report[/link]

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