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Judge Tosses $417M Award In Baby Powder Cancer Case
- About 2 months ago, an amount of $417 was awarded to a woman who had claimed she developed ovarian cancer by using Johnson & Johnson talc-based baby powder for feminine hygiene.
- The claimant had developed ovarian cancer as a “proximate result of the unreasonably dangerous and defective nature of talcum powder,” she claimed in her lawsuit.
- On Friday, a Judge has tossed out the claim
- The court agrees with the Company who says there were errors and jury misconduct in the previous trial that ended with the huge award two months ago
- Similar allegations have also led to hundreds of other lawsuits issued against the New Jersey-based company over recent years
A judge has tossed out a $417 million jury award to a woman who had claimed she developed ovarian cancer by using Johnson & Johnson talc-based baby powder for feminine hygiene.
Los Angeles County Superior Court Judge Maren Nelson has granted the company’s request for a new trial.
The court agrees with the Company who says there were errors and jury misconduct in the previous trial that ended with the huge award two months ago.
Nelson has also ruled there wasn’t convincing evidence that Johnson & Johnson acted with malice. He also agreed that the award for damages was excessive.
The decision will, however, be appealed, even though Eva Echeverria has died, said her attorney, Mark Robinson Jr.
“We will continue to fight on behalf of all women who have been impacted by this dangerous product,” he said in a statement.
Echeverria claimed that Johnson & Johnson failed to adequately warn consumers about talcum powder’s potential cancer risks. She had reportedly used the company’s baby powder on a daily basis beginning in the 1950s until 2016 and was diagnosed with ovarian cancer in 2007, according to court records.
Echeverria had developed ovarian cancer as a “proximate result of the unreasonably dangerous and defective nature of talcum powder,” she claimed in her lawsuit.
Her attorney contended that documents indicated that Johnson & Johnson knew about the risks of talc and ovarian cancer for three decades.
The company said that it was pleased with Friday’s ruling.
“Ovarian cancer is a devastating disease — but it is not caused by the cosmetic-grade talc we have used in Johnson’s Baby Powder for decades. The science is clear and we will continue to defend the safety of Johnson’s Baby Powder as we prepare for additional trials in the U.S.,” a Johnson and Johnson spokeswoman Carol Goodrich said in a statement.
Similar allegations have also led to hundreds of lawsuits against the New Jersey-based company. Jury awards have added up to hundreds of millions of dollars.
But, on Tuesday a Missouri appellate court awarded a $72 million award to the family of an Alabama woman who has died, ruling that the state wasn’t the proper jurisdiction for such a case.
The court cited a U.S. Supreme Court ruling in June which placed limits on where injury lawsuits could be filed. It said that state courts cannot hear claims against companies not based in the state where alleged injuries occurred.
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