A St. Louis jury has awarded the family of Jackie Fox $10 Million in compensatory damages and $62 Million in punitive damages after she died from ovarian cancer caused by baby powder manufactured by Johnson & Johnson. The products liability case is the first case tried at state court level in which the jury awarded damages to the plaintiff.
Products Liability and Failure to Warn
Ms. Fox developed ovarian cancer after a long-time use of Johnson & Johnson baby powder. The makers of the baby powder were found negligent in her products liability case due to “decisive” internal documents which showed that J&J attempted to suppress studies that linked talc exposure to ovarian cancer. The jury foreman who helped decide the products liability case has stated it was apparent the company was trying to hide something. Although, J&J substituted corn starch for talc in many products years ago, they continued to use talc and never affixed any label warning its consumers about the dangers. The company continues to use talcum powder in some of its products and maintains their products are safe to use.
Another talcum powder products liability case was tried in Federal Court in 2013 and a jury found that Johnson & Johnson was negligent in failing to place a warning label on their packaging, but did not award the plaintiff any damages in her talcum powder claim. There are several plaintiffs who share a class in Ms. Fox’s products liability case. Johnson & Johnson currently has exposure of approximately 1,200 additional talcum powder claims nationwide.
Attorneys for the products liability case hope this award will send a message to J&J that they have a duty to warn its consumers of the dangers of talc and ovarian cancer. This is sure to be the first in a long list of talcum powder claims to be filed in the future.
Have you or a loved one been diagnosed with ovarian cancer and believe it could be linked to using talcum powder made by Johnson & Johnson? Call our firm today at 314-862-7222 to discuss your legal rights and determine if you could be eligible to file a talcum powder claim.