A St. Louis jury awarded 22 women a multibillion-dollar verdict against Johnson & Johnson.

A Different Kind of Talc Cancer Lawsuit

It’s not only the sheer size of the jury award that makes the verdict decided earlier this month stand out. Other lawsuits have alleged a link between talcum powder and Ovarian Cancer. Some of them, too, have amounted to massive jury awards. What sets this mass tort lawsuit apart is that all 22 plaintiffs are claiming that it’s the asbestos in the talc powder that led to their ovarian cancer.

It might seem insignificant whether the talcum powder itself or the asbestos in the talc powder caused the cancer. However, the distinction is actually pretty important. Some critics argue that there may not be enough scientific evidence to prove that talc itself causes cancer.

On the other hand, the dangers of asbestos are well-documented. Asbestos is a substance known to cause the rare lung cancer mesothelioma. In fact, the American Cancer Society, which so far has not acknowledged a link between talc and ovarian cancer risk, notes that “talc that has asbestos is generally accepted as being able to cause cancer.” Though the statement refers specifically to inhaled asbestos, no one is denying now that asbestos is a carcinogen.

Asbestos and Baby Powder

Part of the challenge of a talc powder asbestos lawsuit is establishing that asbestos is really a factor. Talc containing asbestos was used in cosmetics like baby powder and body powder decades ago. As the dangers of asbestos became clear, consumer products were made with asbestos-free talc. Or at least, they were supposed to be.

“Since the 1970s, talc used in consumer products has been required to be asbestos-free, so JOHNSON’S® talc products do not contain asbestos, a substance classified as cancer-causing,” the company states on its website.

But that’s not so, the lawsuits allege. In fact, the lawyer for the plaintiffs in this lawsuit alleges that “Johnson & Johnson had spent 40 years covering up evidence of asbestos in some of its talcum-based products,” The New York Times reported.

Clearly, the jury that awarded these damages found the hundreds of pages of evidence in favor of the plaintiff’s claims convincing. The considerable punitive damages, in particular, suggest that jurors believed that J&J had been in the wrong.

The Future of Talc Cancer Lawsuits

This award is a big victory for the women and families involved in the lawsuit as well as consumers across the nation. However, it may not be the end of these cases.

“One of the hardest things will be prioritizing what to appeal first, a lawyer for Johnson & Johnson said about the verdict, according to the Thompson Reuters Foundation. The company has already announced plans to appeal the verdict.

Experts predict that the company could attempt to overturn this decision with a number of arguments. Everything from jurisdiction – whether the plaintiffs, most of whom weren’t from Missouri, had the right to sue the NJ-based company in that state – to arguments regarding the scientific evidence presented at the trial could be part of the appeal. Johnson & Johnson representatives have also “sought to cast doubt” on some of the plaintiffs’ claims by suggesting that certain facts were really “a ruse designed to bypass the jurisdiction issue.” Their future appeals are expected to include the same argument.

Still, experts examining the verdict seem to believe that the plaintiffs will have the final victory, even if this jury award isn’t the final word in these lawsuits. Historically, Missouri courts have been more likely to side with plaintiffs and more lenient with standards of scientific evidence. Despite the appeal, J&J will likely end up settling with the plaintiffs, the Thompson Reuters Foundation reported.

Hope for Women Harmed by Baby Powder

For these 22 women and their families, justice is served (for the time being, anyway). This outcome gives hope to thousands more families who are fighting to hold Johnson & Johnson accountable for the harm their baby powder products have caused.

More than 9,000 women have sued Johnson & Johnson over cases of ovarian cancer allegedly caused by talc, according to The New York Times. For the plaintiffs in these ongoing cases, a verdict like this is validating, hopeful, and a welcome sign that they, too, could get justice.

If you think that talc-based body powder use caused your or your loved one’s ovarian cancer, you, too, could have a case. It’s not too late to fight back, demand answers, and send the powerful message to J&J that consumers’ lives are more important than profits. The right attorney can help you get the justice you deserve.

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