Jury Awards Damages in Johnson & Johnson Talc Case

A jury in Pennsylvania has decided to award $250,000 in damages to the family of a woman who claimed that Johnson & Johnson’s talc-based baby powder led to her ovarian cancer. This information comes from the plaintiff’s attorney, who is involved in the ongoing national lawsuit against the company.

The jury in the Philadelphia Court of Common Pleas found in favor of Gail Emerson’s family, asserting that Johnson & Johnson had knowledge of the dangers associated with its talc products but neglected to inform consumers about them. Attorney Chris Tisci represents the plaintiffs in a separate federal case against Johnson & Johnson.

The jury’s decision included $50,000 in compensatory damages and $200,000 in punitive damages. Emerson initially filed her lawsuit in 2019 but passed away six months later at the age of 68. Following her death from metastatic ovarian cancer, her children took over the case.

Emerson had used J&J baby powder from 1969 until 2017, learning about its potential link to ovarian cancer from a family member. She was diagnosed with cancer two years prior to her death.

Johnson & Johnson is facing numerous lawsuits in both federal and state courts, with over 67,000 plaintiffs alleging that the company’s talc products may contain asbestos and are linked to various cancers. J&J maintains that its products are safe, free of asbestos, and not carcinogenic. The company transitioned to cornstarch products in 2020, ceasing the sale of talc-based baby powder in the U.S.

Efforts by J&J to settle the lawsuits through bankruptcy have been unsuccessful, with federal courts rejecting their proposal three times since last year. This bankruptcy move had temporarily put many ovarian cancer cases on hold.

In December, a California jury awarded $40 million to two women in the first ovarian cancer trial after the bankruptcy-related freeze was lifted. Upcoming trials are scheduled in state courts, and there is potential for change in a consolidated federal case after a judge permitted plaintiffs to provide expert testimony linking baby powder use to ovarian cancer. Johnson & Johnson has announced its intention to appeal this ruling.

Product liability cases like this one rely heavily on expert witnesses to determine if a product can cause the alleged harm. Before attempting bankruptcy, J&J had mixed results in talc-related trials, with some judgments reaching as high as $4.69 billion, while it also won some cases and saw other verdicts lessened on appeal.

Most of the litigation focuses on claims related to ovarian cancer, with only a small number of lawsuits alleging that talc contributes to a rare form of cancer called mesothelioma. While J&J has settled some of these claims, a nationwide resolution remains elusive, and several mesothelioma cases have recently been heard in state courts.