New Johnson & Johnson Baby Powder Trial Underway in South Carolina
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The latest trial involving Johnson and Johnson’s baby powder is underway after a South Carolina state jury heard opening arguments on Tuesday.
Plaintiff Michael Perry is arguing that the J&J baby powder he used for years is responsible for his mesothelioma, which doctors diagnosed in May 2023.
According to the Courtroom View Network, J&J has countered with the argument that Perry’s condition could have resulted from asbestos in brake pads that he was exposed to while working in his father’s garage.
“The Court made a series of erroneous pre-trial rulings that deprive Johnson & Johnson of the opportunity to present its defense and, therefore, we already repeatedly moved for a mistrial and will appeal any adverse verdict that the rulings effectively ensure will be rendered,” Erik Haas, worldwide vice president of litigation for Johnson & Johnson, told Drugwatch in an email.
J&J’s talcum powder products have been the subject of significant litigation in recent years. Plaintiffs claim use of the powder has led to both mesothelioma and ovarian cancer.
In June, an Oregon jury awarded $260 million in damages to a 48-year-old woman who claimed she developed mesothelioma from years-long use of baby powder.
There are currently over 57,000 J&J talcum powder lawsuits pending in multidistrict litigation.
Lawsuits Point To Potential Ties Between Talcum Powder and Mesothelioma
For years, potential ties between Johnson’s Baby Powder and mesothelioma have been the subject of discussion and litigation.
A 2018 Reuters investigation uncovered that the company’s raw talc and finished powders had sometimes tested positive for asbestos as early as the 1970s. Reuters also reported that J&J was aware of this.
J&J ordered a recall of 33,000 bottles of baby powder in 2019 after finding asbestos in test samples. The company stopped selling talc-based baby powder in North America in 2020.
Exposure to asbestos is the primary cause of mesothelioma, which is an incredibly rare and dangerous type of cancer that develops in the lining of internal organs, most often the lungs.
It typically takes decades after asbestos exposure for mesothelioma to develop. According to the American Cancer Society, the five-year survival rate varies from 7% to 24% depending on the stage.
A jury awarded a $117 million verdict in 2018 to a plaintiff who used J&J baby powder and was later diagnosed with mesothelioma.
Plaintiffs Consider Talc Ovarian Cancer Settlement Plan
In addition to mesothelioma lawsuits, J&J faces thousands of lawsuits claiming the company’s talcum powder caused ovarian cancer.
Studies have suggested that genital talcum powder usage may be linked to a higher risk of ovarian cancer.
In May, J&J proposed a $6.48 billion settlement to resolve ovarian cancer claims, with a plan to pay out the money over 25 years.
A judge allowed the settlement plan to move forward in July despite protests from some affected plaintiffs. At least 75% of plaintiffs must vote to accept the settlement within 90 days of it being offered.
J&J had previously proposed an $8.9 billion settlement in 2023, but those efforts fell through after the bankruptcy proceedings necessary to complete the settlement were repeatedly denied.