Judge tosses out $599m award over baby talcum
A Los Angeles judge has tossed out a US$417 million ($599m) jury award to a woman who claimed she developed ovarian cancer by using Johnson & Johnson talc-based baby powder for feminine hygiene.
LA County Superior Court Judge Maren Nelson granted the company’s request for a new trial, saying there were errors and jury misconduct in the previous trial that ended with the award two months ago.
Nelson also ruled there wasn’t convincing evidence that the company acted with malice and the award for damages was excessive.
The decision will be appealed even though Eva Echeverria has died, said her attorney, Mark Robinson jnr.
Echeverria alleged Johnson & Johnson failed to adequately warn consumers about talcum powder’s potential cancer risks.
She used the company’s baby powder on a daily basis from the 1950s until 2016 and was diagnosed with ovarian cancer in 2007, according to court papers.
Her attorney contended that documents showed Johnson & Johnson knew about the risks of talc and ovarian cancer for three decades.
The company said it was pleased with the 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 US,” spokeswoman Carol Goodrich said.
Similar allegations have led to hundreds of lawsuits against the New Jersey-based company. Jury awards have totalled hundreds of millions of dollars.
However, on Tuesday a Missouri appellate court threw out a US$72m award to the family of an Alabama woman who has died, ruling that the state wasn’t the proper jurisdiction.
The court cited a US Supreme Court ruling in June that placed limits on where injury lawsuits could be filed, saying state courts cannot hear claims against companies not based in the state where alleged injuries occurred.
“We will continue to defend the safety of Johnson’s Baby Powder as we prepare for additional trials in the US.”
Company spokeswoman Carol Goodrich