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Talc Verdict 10/27/16
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J&J, Talc Co. Hit With $70M Baby Powder Cancer Verdict
Oct 27, 2016 | Law360
By Brandon Lowrey
A Missouri jury slammed Johnson & Johnson and its talc supplier with a $70 million verdict late Thursday in a lawsuit filed by a woman who developed ovarian cancer after using J&J's baby powder on her genitals, the third massive verdict in that state's talc litigation. -
California woman awarded more than $70M in talc trial in St. Louis
Oct 27, 2016 | KSDK-NBC
A California woman who claimed her ovarian cancer was the result of using Johnson and Johnson talcum powder for 45 years was awarded more than $70 million by a St. Louis Jury Thursday evening. -
J&J Owes $285M For Baby Powder-Linked Cancer, Jury Told
Oct 27, 2016 | Law360
By Brandon Lowrey
A woman who developed ovarian cancer after using Johnson & Johnson talc-based baby powder on her genitals urged a Missouri jury Thursday to award her more than $285 million against J&J and its talc supplier, saying the companies knew for years about the product's cancer link but would not warn consumers. -
Jury Deliberations Underway in Johnson and Johnson Baby Powder Case
Oct 27, 2016 | KMOX-CBS
Jury deliberations are now underway in a major consumer product liability trial in St. Louis. -
KMOX-CBS Radio Spot
Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
Listen to Clip Here: http://app.criticalmention.com/app/#clip/view/24727432?token=a076be50-e00b-492e-bfd2-ab92eabd3175 -
KMOX-CBS Radio Spot
Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
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KMOX-CBS Radio Spot
Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
Listen to Clip Here: http://app.criticalmention.com/app/#clip/view/24726247?token=a076be50-e00b-492e-bfd2-ab92eabd3175 -
KMOX-CBS Radio Spot
Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
Listen to clip here: http://beta.criticalmention.com/app/#clip/view/24724644?token=18ba97ee-d22a-4c86-bc32-5bd25de669a6 -
KMOX-CBS Radio Clip
Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
Listen to Clip Here: http://app.criticalmention.com/app/#clip/view/24720583?token=a076be50-e00b-492e-bfd2-ab92eabd3175 -
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| KSDK-NBC (St. Louis, MO)
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Newschannel 5 First at Four
Oct 27, 2016 | KSDK-NBC (St. Louis, MO)
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Jury finds Johnson & Johnson, Imerys liable for $70 million in third ovarian cancer talc trial
Oct 27, 2016 | Beasley Allen
A third jury in City of St. Louis Circuit Court found Johnson & Johnson liable for injuries resulting from the use of its talc-containing products such as Johnson’s Baby Powder and Shower to Shower body powder for feminine hygiene. For the first time, the jury also held Johnson & Johnson talc supplier Imerys liable for damages as well. The jury awarded Plaintiff Deborah Giannecchini $70.075 million after agreeing the products contributed to the development of her ovarian cancer.
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J&J, Talc Co. Hit With $70M Baby Powder Cancer Verdict
Oct 27, 2016 | Law360
By Brandon Lowrey
A Missouri jury slammed Johnson & Johnson and its talc supplier with a $70 million verdict late Thursday in a lawsuit filed by a woman who developed ovarian cancer after using J&J's baby powder on her genitals, the third massive verdict in that state's talc litigation.
Jurors in St. Louis found that plaintiff Deborah Giannecchini is owed $575,000 in economic damages and $2 million in non-economic compensatory damages. In addition, they said that J&J should pay $65 million in punitive damages, while talc supplier Imerys Talc America Inc. should pay $2.5 million.
The verdict falls far short of what Giannecchini had asked for -- more than $285 million total -- but is among the highest awarded in cases against J&J over the alleged link between talc and ovarian cancer. Another Missouri state jury awarded a plaintiff $72 million to another woman with the disease.
During closing arguments earlier in the day, Giannecchini's attorney R. Allen Smith Jr. of The Smith Law Firm told jurors that the company callously joked about the possible cancer link and falsified medical records to hide it. He said the massive verdict is necessary to force "the largest corporation in the world" to change its ways, and that the company has rigged regulatory agencies in their favor.
"Make them stop," Smith said. "Stop this madness. Stop this machine. If y'all don't do it, nobody else will do it."
The request included more than $25 million in compensatory damages, $250 million in punitive damages against J&J, and another $10 million in punitive damages against supplier Imerys Talc America Inc. During the trial, he said J&J's internal documents showed that the company had written out "a question and answer" to prepare for questions from plaintiff's attorneys, and that another document suggested the company would be compared to the cigarette industry if it did not warn customers.
Smith said J&J had been urged since at least 1982 to use warning labels. But it has not, leading to his client Stage 4 ovarian cancer and complications from her treatment and a greatly reduced life expectancy, Smith told jurors.
"She has literally had her spleen removed, part of her stomach removed, part of her colon removed, all of her ovaries, uterus. She has literally had basically the lower half of her body removed," Smith said during opening arguments. "She said if there would have been a warning on the bottle to not use this on the genital area, she would not have done it and we might not be here."
J&J's attorney David E. Dukes of Nelson Mullins Riley & Scarborough LLP, meanwhile, has argued that there is no solid link between talc and ovarian cancer.
He said that the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention were among trusted medical institutions that looked for a potential link but found none. During the trial, Dukes attacked the plaintiff's experts, saying they were unconventional or sloppy in their scientific methods.
"No one knows what causes ovarian cancer," Dukes said.
Imerys Talc America Inc., also a defendant, has seconded J&J's contention that the mineral is not linked to cancer. Imerys' attorney Nancy Erfle of Gordon Rees Scully Mansukhani LLPadded that her client does not market the baby powder product but merely provides the raw materials used to make it.
Giannecchini's trial follows massive losses by J&J in two similar cases this year.
In February, a Missouri jury awarded $72 million to the estate of Jacqueline Fox, who died of ovarian cancer after using the body powder for decades. It was reportedly the first time the company had been ordered to pay damages over the link between cancer and the talc used in its products.
The Fox verdict included $10 million in compensatory damages and $62 million in punitive damages. In another case in May, a Missouri jury slammed the company with a $55 million verdict in a suit brought by Gloria Ristesund.
But plaintiffs haven't had the same degree of success thus far in New Jersey, where a judge last month tossed two similar lawsuits on grounds that their experts didn't offer enough scientific proof that there is a link between the mineral and ovarian cancer.
During closing arguments in Giannecchini's trial, Dukes reiterated that the FDA, CDC, the National Cancer Institute, the National Toxicology Program and other agencies do not recognize talc as a cause of ovarian cancer.
He said that talc's alleged safety risk has been at the center of a public safety debate since the 1980s, proof that the company isn't trying to hide anything.
"The science is not on their side," he told jurors shortly before they began deliberations Thursday. "They know that sometimes we don't trust federal agencies, particularly during political season. ... They know that we all are sympathetic about someone who has had cancer. Why do you think that they keep talking about asbestos and tobacco? Because they want to appeal to that dark side of your heart that thinks everybody's a conspirator and they want to convince you that Johnson & Johnson rigged all those agencies."
After the verdict was announced late Thursday, Imerys released a statement lamenting the decision and saying it remains confident in science showing that its products are safe.
"Our hearts go out to the women and their families affected by ovarian cancer," the company said. "Unfortunately, this verdict serves to undermine efforts by the scientific community to determine the true causes of ovarian cancer and help lead us to a cure for this tragic disease."
Representatives for Giannecchini and J&J could not immediately be reached for comment late Thursday.
For more coverage of Giannecchini's trial, visit Courtroom View Network.
Giannecchini is represented by R. Allen Smith Jr. of The Smith Law Firm.
Johnson & Johnson is represented by David E. Dukes of Nelson Mullins Riley & Scarborough LLP. Imerys is represented by Nancy Erfle of Gordon Rees Scully Mansukhani LLP.
The case is Giannecchini v. Johnson & Johnson et al., case number 1422-CC09012-01, in the 22nd Judicial Circuit Court of the State of Missouri. -
California woman awarded more than $70M in talc trial in St. Louis
Oct 27, 2016 | KSDK-NBC
A California woman who claimed her ovarian cancer was the result of using Johnson and Johnson talcum powder for 45 years was awarded more than $70 million by a St. Louis Jury Thursday evening.
Deborah Giannecchini was diagnosed with Stage 4 ovarian cancer, having to have her spleen, colon, uterus and ovaries removed, according to a press release from the law firm representing her. The trial started about a month ago, and the jury was given the case earlier Thursday.
After three hours of deliberation, Giannecchini was awarded the money, $65 million of it coming from Johnson and Johnson.
According to the press release, the award breakdown is as follows:
· $575,000 in economic damages
· $2,000,00 Million in non-economic damages
· $65 Million in punitive damages against Johnson & Johnson
· $2.5 Million in punitive damages against Imerys
Half of the punitive award will go to the Missouri state Victims' Crime Compensation Fund.
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J&J Owes $285M For Baby Powder-Linked Cancer, Jury Told
Oct 27, 2016 | Law360
By Brandon Lowrey
A woman who developed ovarian cancer after using Johnson & Johnson talc-based baby powder on her genitals urged a Missouri jury Thursday to award her more than $285 million against J&J and its talc supplier, saying the companies knew for years about the product's cancer link but would not warn consumers.
During closing arguments in St. Louis, Deborah Giannecchini's attorney R. Allen Smith Jr. of The Smith Law Firm told jurors that the company callously joked about the possible cancer link and falsified medical records to hide it. He said the massive verdict is necessary to force "the largest corporation in the world" to change its ways, and that the company has rigged regulatory agencies in its favor.
"Make them stop," Smith said. "Stop this madness. Stop this machine. If y'all don't do it, nobody else will do it."
The request included more than $25 million in compensatory damages, $250 million in punitive damages against J&J, and another $10 million in punitive damages against supplier Imerys Talc America Inc.
During the trial, he said J&J's internal documents showed that the company had written out "a question and answer" to prepare for questions from plaintiff's attorneys, and that another document suggested the company would be compared to the cigarette industry if it did not warn customers. Smith said J&J had been urged since at least 1982 to use warning labels.
But it has not, leading to his client Stage 4 ovarian cancer and complications from her treatment and a greatly reduced life expectancy, Smith told jurors.
"She has literally had her spleen removed, part of her stomach removed, part of her colon removed, all of her ovaries, uterus. She has literally had basically the lower half of her body removed," Smith said during opening arguments. "She said if there would have been a warning on the bottle to not use this on the genital area, she would not have done it and we might not be here."
J&J's attorney David E. Dukes of Nelson Mullins Riley & Scarborough LLP, meanwhile, has argued that there is no solid link between talc and ovarian cancer.
He said that the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention were among trusted medical institutions that looked for a potential link but found none. During the trial, Dukes attacked the plaintiff's experts, saying they were unconventional or sloppy in their scientific methods.
"No one knows what causes ovarian cancer," Dukes said.
Imerys Talc America Inc., also a defendant, has seconded J&J's contention that the mineral is not linked to cancer. Imerys' attorney Nancy Erfle of Gordon Rees Scully Mansukhani LLP added that her client does not market the baby powder product but merely provides the raw materials used to make it.
Giannecchini's trial follows massive losses by J&J in two similar cases this year.
In February, a Missouri jury awarded $72 million to the estate of Jacqueline Fox, who died of ovarian cancer after using the body powder for decades. It was reportedly the first time the company had been ordered to pay damages over the link between cancer and the talc used in its products.
The Fox verdict included $10 million in compensatory damages and $62 million in punitive damages. In another case in May, a Missouri jury slammed the company with a $55 million verdict in a suit brought by Gloria Ristesund.
But plaintiffs haven't had the same degree of success thus far in New Jersey, where a judge last month tossed two similar lawsuits on grounds that their experts didn't offer enough scientific proof that there is a link between the mineral and ovarian cancer.
During closing arguments in Giannecchini's trial, Dukes reiterated that the FDA, CDC, the National Cancer Institute, the National Toxicology Program and other agencies do not recognize talc as a cause of ovarian cancer.
He said that talc's alleged safety risk has been at the center of a public safety debate since the 1980s, proof that the company isn't trying to hide anything.
"The science is not on their side," he told jurors shortly before they began deliberations Thursday. "They know that sometimes we don't trust federal agencies, particularly during political season. ... They know that we all are sympathetic about someone who has had cancer. Why do you think that they keep talking about asbestos and tobacco? Because they want to appeal to that dark side of your heart that thinks everybody's a conspirator and they want to convince you that Johnson & Johnson rigged all those agencies."
For more coverage of Giannecchini's trial, visit Courtroom View Network.
Giannecchini is represented by R. Allen Smith Jr. of The Smith Law Firm.
Johnson & Johnson is represented by David E. Dukes of Nelson Mullins Riley & Scarborough LLP. Imerys is represented by Nancy Erfle of Gordon Rees Scully Mansukhani LLP.
The case is Giannecchini v. Johnson & Johnson et al., case number 1422-CC09012-01, in the 22nd Judicial Circuit Court of the State of Missouri.
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Jury Deliberations Underway in Johnson and Johnson Baby Powder Case
Oct 27, 2016 | KMOX-CBS
Jury deliberations are now underway in a major consumer product liability trial in St. Louis.
A woman is seeking $275 million in costs and damages against Johnson and Johnson, blaming the company’s baby powder for her ovarian cancer.
The woman’s attorney told the jury she’s had her ovaries, colon and spleen removed from using talcum products – products Johnson and Johnson knew were a risk, because the supplier has been labeling talc a cancer risk since 1982, but Johnson and Johnson never passed along the warning to consumers.
An attorney for Johnson and Johnson stressed there is no scientific evidence linking talc and cancer, and he asked the jury to not listen to “that dark side of your heart that thinks everybody’s a conspirator.”
KMOX’s Kevin Killeen was in the courtroom Thursday:
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Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
Listen to Clip Here: http://app.criticalmention.com/app/#clip/view/24727432?token=a076be50-e00b-492e-bfd2-ab92eabd3175
Rough Transcript: Jury deliberations now under way in a major consumer product liability trial in saint louis a woman seeking two hundred seventy five million dollars in costs and damages against johnson and johnson blaming the company's baby powder for her ovarian cancer. KMOX’s Kevin Killeen was in the courtroom: “A woman's attorney told the jury she has had her ovaries, colon, and spleen ripped out as he put it from using talcum products. Products johnson and johnson knew were risks because the supplier has been labeling talc a cancer risk for ten years the Johnson & johnson never warned consumers. An attorney for Johnson & Johnson stressed there is no scientific evidence linking talc andcancer and he asked the jury to not listen to quote that dark side of your heart that thinks everybody's a conspirator.”
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Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
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Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
Listen to Clip Here: http://app.criticalmention.com/app/#clip/view/24726247?token=a076be50-e00b-492e-bfd2-ab92eabd3175
Rough Transcript: Closing arguments in a four week trial, a woman with ovarian cancer blaming Johnson & Johnson baby powder and our Kevin Killeen was in the courtroom: “It was standing room only as an attorney for the woman with ovarian asked the jury to level two hundred and seventy five million dollars and cost in damages against Johnson & Johnson. The lawyer argued Johnson & Johnson knew talcum powder was a cancer risk back as far as nineteen eighty two but never passed that along to consumers. The attorney for the company stressed they never warned consumers because there is no scientific proof of a link and nobody knows why the woman got ovarian cancer.”
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Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
Listen to clip here: http://beta.criticalmention.com/app/#clip/view/24724644?token=18ba97ee-d22a-4c86-bc32-5bd25de669a6
Rough transcript: an attorney for a woman who blames her cancer on johnson and johnson baby powder is asking a saint louis jury for a large settlement against the company. Our kevin killen’s been at the courtroom. in closing arguments for the woman with ovarian cancer an attorney asked that the jury find johnson and johnson more than two hundred and seventy five million dollars. if the jury goes along with this, this would be the third major multi million dollar verdict against the baby powder company here in saint louis and it could be strike three.
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Oct 27, 2016 | KMOX-CBS (St. Louis, MO)
Listen to Clip Here: http://app.criticalmention.com/app/#clip/view/24720583?token=a076be50-e00b-492e-bfd2-ab92eabd3175
Rough Transcript: It's closing arguments today in the three week long talcum powder cancer trial in civil court in downtown St. Louis. KMOX’s Kevin Killeen has been in the court room: “So far, an attorney for the woman with ovarian cancer told the jury of five men and seven women that Johnson & Johnson behaved like the tobacco industry or the asbestos industry hiding things it knew about the potential cancer risk of its product but failed to warn consumers. We're waiting to hear what Johnson & Johnson has to say to defend itself, but the stakes are high. The plaintiff's attorney is asking the jury to slap more than two hundred and seventy five million dollar fine against Johnson & Johnson.”
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| KSDK-NBC (St. Louis, MO)
View Clip Here: http://app.criticalmention.com/app/#clip/view/24727294?token=a076be50-e00b-492e-bfd2-ab92eabd3175
Rough Transcript: Here’s the question jurors are trying to answer: Does talcum powder cause ovarian cancer -- one woman, Deborah Giannecchini, says yes. She claims her cancer was a result of using Johnson & Johnson talcum powder for 45 years. >> if this sounds familiar it's because this is a similar suit filed against Johnson & Johnson here in St. louis. the last two resulted in a combined $127 million verdicts against the company. all three women claim johnson & johnson knew that its products could cause cancer and did not warn customers. the company says it sympathizes with the families but stands by the safety of its products. >> So this trial started a month ago. the jury just got the case today, and there’s no telling how long they will take to reach the verdict, but we will certainly let you know when they do.
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Oct 27, 2016 | KSDK-NBC (St. Louis, MO)
View Clip Here: http://app.criticalmention.com/app/#clip/view/24726884?token=a076be50-e00b-492e-bfd2-ab92eabd3175
Rough Transcript: Closing arguments are underway in st. louis in a law suit over talcum powder. lawyers say a woman developed or ovarian cancer in 2012 after years of baby powder use. She claims johnson and johnson was aware of an alleged link between the powder and ovarian cancer but failed to warn consumers. the company said that decades of research supports the safety of cosmetic talc. >> this is about one of 1800 talcum powder lawsuits filed across the country. Earlier this year two other lawsuits resulted in jury verdicts worth millions of dollars, two others were thrown out.
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Jury finds Johnson & Johnson, Imerys liable for $70 million in third ovarian cancer talc trial
Oct 27, 2016 | Beasley Allen
A third jury in City of St. Louis Circuit Court found Johnson & Johnson liable for injuries resulting from the use of its talc-containing products such as Johnson’s Baby Powder and Shower to Shower body powder for feminine hygiene. For the first time, the jury also held Johnson & Johnson talc supplier Imerys liable for damages as well. The jury awarded Plaintiff Deborah Giannecchini $70.075 million after agreeing the products contributed to the development of her ovarian cancer. The verdict includes $575,000 in medical damages, $2 million in compensatory damages, and $65 million in punitive damages against Johnson & Johnson and $2.5 million in punitive damages against Imerys.
Ms. Giannecchini was 59 when she was diagnosed with Stage IV ovarian cancer four years ago. Since then, she has gone through multiple surgeries and chemotherapy regimens. Ms. Giannecchini used Johnson & Johnson’s Baby Powder for feminine hygiene for more than 40 years.
Earlier this year, two previous St. Louis juries awarded verdicts to our clients Jacqueline Fox and Gloria Ristesund of $72 million and $55 million, respectively. In each case it was concluded that talc exposure causes ovarian cancer.
“Yet another jury has heard the evidence outlining a link between Johnson & Johnson’s talcum powder products and ovarian cancer, and has decided that there is a clear connection,” said Beasley Allen lawyer Ted Meadows, who had been helping to lead the litigation. “When is enough going to be enough? Despite repeated verdicts that hold the company accountable, Johnson & Johnson has refused to remove its talcum powder products from shelves, has refused to warn consumers about the risk, and continues to deny its responsibility. It’s time for this company to come clean and put consumer health ahead of profits.”
Prior to the trial’s start, Johnson & Johnson made a desperate move to delay by removing the case to federal court – for the second time. After an expedited hearing, the federal judge promptly remanded the case back to the City of St. Louis Circuit Court the day before pretrial hearings began. Then at trial, Johnson & Johnson tried to prevent the jury from hearing testimony from a whistleblower witness who said the company instructed her to alter Baby Powder adverse event reports, which are sometimes used by FDA to assess whether a product is associated with a disease such as cancer. Johnson and Johnson also revealed, for the first time in this trial, that FDA suddenly took interest in this litigation immediately following the $72 million Fox verdict earlier this year. Despite a request by FDA, J&J only produced favorable information and didn’t provide FDA with the entire body of scientific literature, nor did they provide FDA with the same internal documents juries have seen.
An estimated 25,000 women are diagnosed each year with ovarian cancer, and more than 15,000 die. The disease strikes about one in 70 women, though studies show that women who use talc-containing products on their genitals as a daily hygiene habit have a 30 to 60 percent increased risk of developing ovarian cancer. An expert at trial testified that in the last 34 years, since the time of the first epidemiological study in 1982, approximately 127,500 women have died as a result of ovarian cancer that could be attributed to talcum powder use on the genitals, and an estimated 1,500 women will die within the next year as a result of talc use.
Plaintiffs were represented by Jere L. Beasley, Ted G. Meadows, David P. Dearing, Danielle Ward Mason, Ryan Beattie and Lauren Razick from Beasley Allen, along with the law firms of Onder, Shelton, O’Leary and Peterson, LLC, Allen Smith, and Porter Malouf.
For more information, please contact Helen Taylor at helen.taylor@beasleyallen.com.
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