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Johnson & Johnson ordered to pay $417m to woman claiming to have developed ovarian cancer from baby powder | Johnson & Johnson ordered to pay $417m to woman claiming to have developed ovarian cancer from baby powder |
(about 9 hours later) | |
Pharmaceutical giant Johnson & Johnson has been ordered to pay $417m (£325m) to a woman who claimed she developed ovarian cancer after using talcum powder made by the company. | |
The jury’s verdict in favour of California resident Eva Echeverria was the largest yet in lawsuits alleging J&J failed to adequately warn consumers about the cancer risks of its talc-based products. | |
“We are grateful for the jury’s verdict on this matter and that Eva Echeverria was able to have her day in court,” Mark Robinson, her lawyer, said. | |
The verdict by Los Angeles Superior Court included $70m in compensatory damages and $347m in punitive damages. It was a major setback for J&J, which faces 4,800 similar claims nationally in the US and has been told to pay more than $300m after verdicts by juries in Missouri. | |
“We will appeal today’s verdict because we are guided by the science, which supports the safety of Johnson’s Baby Powder,” J&J said. | |
Ms Echeverria’s lawsuit was the first out of hundreds of California talc cases to go to trial. | |
The 63-year-old claimed she developed terminal ovarian cancer after decades of using J&J’s products for feminine hygiene. Her lawyers argued J&J encouraged women to use its products despite knowing of studies linking ovarian cancer to genital talc use. | |
J&J’s lawyers countered that studies and federal agencies have not found that talc products are carcinogenic. | |
The trial follows five previous ones in Missouri, where many lawsuits are pending. | |
J&J lost four of those trials and, along with a talc supplier, has been hit with $307m in verdicts. Before Monday, the largest verdict was for $110m. | J&J lost four of those trials and, along with a talc supplier, has been hit with $307m in verdicts. Before Monday, the largest verdict was for $110m. |
The Missouri cases, which have largely been brought by out-of-state plaintiffs, have faced jurisdictional questions after the US Supreme Court issued a ruling in June that limited where personal injury lawsuits can be filed. | The Missouri cases, which have largely been brought by out-of-state plaintiffs, have faced jurisdictional questions after the US Supreme Court issued a ruling in June that limited where personal injury lawsuits can be filed. |
In a case involving pharmaceutical company Bristol-Myers Squibb, the Supreme Court said state courts cannot hear claims against firms when the alleged injuries occurred outside of the state’s jurisdiction. | |
The ruling prompted a St Louis judge, at the urging of J&J, to declare a mistrial in a talc case already under way. | |
The judge nonetheless left the door open for the plaintiffs to argue they still have jurisdiction based on a Missouri-based bottler J&J used to package its products. | |
Reuters | Reuters |
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