Earlier this year, manufacturing giant Johnson & Johnson was found to be liable in a product liability case involving the continued use of its Shower to Shower talc-based baby powder product. As it turns out, there has recently been significant research indicating that the continued use of talc-based baby powder in the genital area can cause ovarian cancer. According to one recent news source discussing the case, the plaintiff was a woman who had developed ovarian cancer after the continued use of the product.
According to the news source, Johnson & Johnson refuses to accept that its product can cause ovarian cancer, and it has initiated an appeal process, hoping to overturn the plaintiff’s verdict. Specifically, Johnson & Johnson claims that the jurors were tainted because they had been potentially exposed to ads run by the plaintiff’s attorneys notifying women that baby powder may cause ovarian cancer. The result of the appeal has yet to be determined, but for now the woman’s verdict will stand.
This case is the third in a recent string of cases finding Johnson & Johnson responsible for ovarian cancer developed in women who had used their product over the course of years. In total, the amount of the baby powder lawsuits is approximately $195 million. These cases seem to just be the beginning of what could be a very significant series of lawsuits. Indeed, approximately 2,500 other women have similar claims pending against Johnson & Johnson.
Proving Product Liability Cases
The plaintiffs in these baby powder cases are pursuing compensation under the legal theory of product liability. Under this theory, manufacturers may be responsible for injuries suffered by people who use their products for their intended use. Manufacturers have a duty to create safe products or warn customers of any known potential dangers associated with the use of a product. If a company fails to warn a customer of a known danger, that company may be liable.
In the case of Johnson & Johnson, there was evidence suggesting that the company’s management knew there were potential dangers with using the product vaginally but failed to take necessary steps to warn their customers. This formed the basis of the company’s liability.
Have You Been Diagnosed with Ovarian Cancer?
If you or a loved one used a talc-based baby powder product and have since developed ovarian cancer, you may be entitled to monetary compensation. While there have been several successful cases against Johnson & Johnson, success is by no means guaranteed. The company continues to dispute claims that its product causes ovarian cancer, and some courts have sided with the company. To make sure that you understand what you may be entitled to receive, and to gain a better understanding of how to pursue compensation, call the dedicated personal injury attorneys at Cohn & Smith at 954-431-8100 to set up a free consultation to discuss your case. Calling will not result in any obligation on your part, and we will not bill you for our time unless we can help you secure the compensation you deserve.
Related Blog Posts:
Court Applies “Discovery Rule” in Medical Malpractice Case, Allowing Plaintiff’s Late Filing, South Florida Injury Attorney Blog, October 17, 2016.
Court Holds Case Arising from Injury Occurring While Transporting Plaintiff to Hospital Must Comply with Medical Malpractice Requirements, South Florida Injury Attorney Blog, November 2, 2016.