Daily Management Review

Florida Woman Who Alleged Baby Powder From J&J Triggered Her Cancer Loses Lawsuit


04/19/2024




Florida Woman Who Alleged Baby Powder From J&J Triggered Her Cancer Loses Lawsuit
A Florida jury found that the ovarian cancer that killed a Florida woman in 2019 was not brought on by Johnson & Johnson's baby powder talc product.
 
Patricia Matthey, a resident of Sarasota County, used Johnson's baby powder every day from 1965 until August 2016, when her family learned that she had ovarian cancer. Patricia's family filed the complaint on her behalf.
 
The jury's verdict, according to J&J's Worldwide Vice President of Litigation Erik Haas, exonerated the business.
 
"Consistent with decades of scientific research, the jury appropriately found that talc is safe, does not contain asbestos and does not cause cancer, which is the same outcome the company achieved in 16 of 17 ovarian cases tried to date," Haas said.
 
The Matthey family's attorney, Leigh O'Dell, stated that while she respects the jury's verdict, she won't be "undeterred" from pursuing legal action against J&J in the future.
 
"The science supports the association between genital talc use and ovarian cancer, and we will continue to seek justice for the victims of J&J's neglect and indifference," O'Dell stated.
 
According to testimony provided by her family's attorney Lance Oliver during the trial, Matthey testified before she passed away that she felt "dirty and smelly" and that she "needed Johnson's baby powder to be a good clean person."
 
All 12 jurors in the historic criminal trial of Donald Trump in New York were chosen by their solicitors on Thursday.
 
The Matthey family claimed that J&J was aware for many years that asbestos fibres, which can cause cancer, could be present in the talc it mined for baby powder. The case claims that J&J hid scientific data that connected talc products to a higher risk of cancer.
 
There was no "conspiracy" to stifle research, according to J&J. Rather, J&J asserts that the scientific data merely refutes the Matthey family's assertions that its talc products cause cancer.
 
"This is essentially a scientific case," stated Morty Dubin, the trial's counsel for J&J, in his opening remarks.
 
J&J is facing approximately fifty thousand talc claims, the majority of which are from women who have ovarian cancer and a small number of which are from mesothelioma victims. Mesothelioma is known to be caused by asbestos exposure.
 
J&J has made two prior attempts to settle the talc lawsuit completely through bankruptcy, but the courts have rejected them.
 
According to Haas, the business is thinking about filing for bankruptcy a third time and is working to increase the number of plaintiffs who have filed lawsuits against it.
 
J&J will "continue to defend the meritless talc claims in the tort system," according to Haas, as long as those talks are ongoing, on Thursday.
 
The talc lawsuit was placed on pause from 2021 to 2023 due to J&J's bankruptcy plan, however trials have since restarted following the dismissal of the most recent bankruptcy case.
 
The talc litigation trial record has been uneven, with significant plaintiff victories such as a $2.1 billion judgement granted to 22 ovarian cancer patients in 2021.
 
In October, a New Jersey appeals court dismissed a $223.7 million decision against the business, ruling that the plaintiffs' expert witnesses' testimony was not credible. On March 5, the latest case to go to trial resulted in a deadlocked jury.
 
J&J has recently reached settlements in a number of mesothelioma lawsuits; however, the business has not disclosed the precise financial amounts involved or the number of individuals it covered.
 
(Source:www.reuters.com)