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Talc Verdict Morning Media Report 10/28/2016
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Jury awards more than $70M to woman in baby powder lawsuit
Oct 27, 2016 | Associated Press
A St. Louis jury on Thursday awarded a California woman more than $70 million in her lawsuit alleging that years of using Johnson & Johnson's baby powder caused her cancer, the latest case raising concerns about the health ramifications of extended talcum powder use. -
St. Louis jury awards $70 million to woman claiming baby powder products contributed to her cancer
Oct 27, 2016 | St. Louis Post-Dispatch
By Nassim Benchaabane
A jury here awarded more than $70 million in damages Thursday night on a woman's claim that her longtime use of baby powder and other talc-containing Johnson and Johnson products contributed to her ovarian cancer. -
J&J Hit With $70M Verdict in Third Talc Powder Loss
Oct 27, 2016 | National Law Journal
By Amanda Bronstad
Johnson & Johnson was hit on Thursday with a $70 million verdict over its talcum powder products in the third case to go to trial this year. -
BREAKING: Jury Awards $70M+ In Talc Powder Cancer Lawsuit, Hands J&J 3rd Consecutive Trial Loss
Oct 27, 2016 | Courtroom View Network
By David Siegal
A Missouri state court jury awarded nearly $71 million dollars on Thursday to a woman claiming she developed ovarian cancer due to using Johnson & Johnson’s talc-containing personal hygiene products on her genitals for decades, who accused the company of not warning consumers about the products’ health risks in order to protect profitable brands. -
Does talcum powder cause cancer? Johnson & Johnson fined £57m over woman’s illness
Oct 28, 2016 | Yahoo! Blog
By Rob Waugh
Does talcum powder cause cancer? Johnson & Johnson fined £57m over woman’s illness Rob Waugh's Yahoo Blog28 October 2016 Johnson & Johnson has been fined £57 million after woman’s ovarian cancer was linked to her use of talcum powder for four decades. -
J&J pays $70m over cancer allegations
Oct 28, 2016 | Pharmafile
By Matt Fellows
The case began on 26 September, with California resident Deborah Giannecchini accused the company of “negligent conduct” in the production and marketing of its products, leading to her cancer diagnosis in 2012. -
Morning Express With Robin Meade
Oct 28, 2016 | HLN
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CNN Money View With Nina Dos Santos
Oct 28, 2016 | CNN
View Clip Here: http://app.criticalmention.com/app/#clip/view/24731821?token=87e9ad0a-166f-4a69-884c-a6991d24780a (00:24) -
Mornings With Maria Bartiromo
Oct 28, 2016 | Fox News
View Clip Here: http://app.criticalmention.com/app/#clip/view/24731827?token=87e9ad0a-166f-4a69-884c-a6991d24780a (00:18) -
FOX and Friends
Oct 28, 2016 | Fox News
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BBC Breakfast
Oct 28, 2016 | BBC Breakfast
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BBC Victoria Derbyshire
Oct 28, 2016 | BBC
View Clip Here: http://app.criticalmention.com/app/#clip/view/24730782?token=87e9ad0a-166f-4a69-884c-a6991d24780a (00:24)
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Jury awards more than $70M to woman in baby powder lawsuit
Oct 27, 2016 | Associated Press
A St. Louis jury on Thursday awarded a California woman more than $70 million in her lawsuit alleging that years of using Johnson & Johnson's baby powder caused her cancer, the latest case raising concerns about the health ramifications of extended talcum powder use.
The jury ruling ended the trial that began Sept. 26 in the case brought by Deborah Giannecchini of Modesto, California. She was diagnosed with ovarian cancer in 2012. The suit accused Johnson & Johnson of "negligent conduct" in making and marketing its baby powder.
"We are pleased the jury did the right thing. They once again reaffirmed the need for Johnson & Johnson to warn the public of the ovarian cancer risk associated with its product," Jim Onder, an attorney for the plaintiff, told The Associated Press.
"We deeply sympathize with the women and families impacted by ovarian cancer," Carol Goodrich, a spokeswoman with Johnson & Johnson, said in a statement. "We will appeal today's verdict because we are guided by the science, which supports the safety of Johnson's Baby Powder."
Earlier this year, two other lawsuits in St. Louis ended in jury verdicts worth a combined $127 million. But two others in New Jersey were thrown out by a judge who said there wasn't reliable evidence that talc leads to ovarian cancer, an often fatal but relatively rare form of cancer. Ovarian cancer accounts for about 22,000 of the 1.7 million new cases of cancer expected to be diagnosed in the U.S. this year.
About 2,000 women have filed similar suits, and lawyers are reviewing thousands of other potential cases, most generated by ads touting the two big verdicts out of St. Louis — a $72 million award in February to relatives of an Alabama woman who died of ovarian cancer, and a $55 million award in May to a South Dakota survivor of the disease.
Much research has found no link or a weak one between ovarian cancer and using baby powder for feminine hygiene, and most major health groups have declared talc harmless. Johnson & Johnson, whose baby powder dominates the market, maintains it's perfectly safe.
But Onder of the Onder Law Firm in suburban St. Louis, which represented plaintiffs in all three St. Louis cases, cited other research that began connecting talcum powder to ovarian cancer in the 1970s. He said case studies have indicated that women who regularly use talc on their genital area face up to a 40 percent higher risk of developing ovarian cancer.
Onder has accused Johnson & Johnson of marketing toward overweight women, blacks and Hispanics — the very same women most at-risk for ovarian cancer, he said.
Factors known to increase a women's risk of ovarian cancer include age, obesity, use of estrogen therapy after menopause, not having any children, certain genetic mutations and personal or family history of breast or ovarian cancer.
The International Agency for Research on Cancer classifies genital use of talc as "possibly carcinogenic." The National Toxicology Program, made up of parts of several different government agencies, has not fully reviewed talc.
Talc is a mineral that is mined from deposits around the world, including the U.S. The softest of minerals, it's crushed into a white powder. It's been widely used in cosmetics and other personal care products to absorb moisture since at least 1894, when Johnson & Johnson's Baby Powder was launched. But it's mainly used in a variety of other products, including paint and plastics.
The two St. Louis verdicts were the first talcum powder cases in which money was awarded. A federal jury in 2013 sided with another South Dakota woman, but it ordered no damages, a spokeswoman for Onder's firm said.
Johnson & Johnson has been targeted before by health and consumer groups over ingredients in its products, including Johnson's No More Tears baby shampoo. The company agreed in 2012 to eliminate 1,4-dioxane and formaldehyde, both considered probable carcinogens, from all products by 2015.
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St. Louis jury awards $70 million to woman claiming baby powder products contributed to her cancer
Oct 27, 2016 | St. Louis Post-Dispatch
By Nassim Benchaabane
A jury here awarded more than $70 million in damages Thursday night on a woman's claim that her longtime use of baby powder and other talc-containing Johnson and Johnson products contributed to her ovarian cancer.
The St. Louis Circuit Court jury is the third to award damages over claims that are the basis of about 2,000 pending state and federal lawsuits.
The juries found Johnson & Johnson failed to warn the public of studies linking its talc-containing products like Shower-to-Shower product and Johnson's Baby Powder to ovarian cancer and conspiring to hide the truth, said Jim Onder, one of the lead attorneys.
All three cases were handled by the Onder Law Firm of Webster Groves, which has advertised nationwide for ovarian cancer patients who suspect baby powder may be linked to their disease.
Johnson & Johnson, based in New Brunswick, N.J., plans to appeal.
In May, a St. Louis jury ordered the company to pay $55 million to a survivor in South Dakota. In February, a jury awarded $72 million to relatives of an Alabama woman who died of ovarian cancer.
The verdict Thursday in favor of Deborah Giannecchini, of Modesto, Calif., was for $575,000 in medical damages, $2 million in compensatory damages, $65 million in punitive damages against Johnson and Johnson and $2.5 million in punitive damages against Imerys Talc, the provider of the talcum powder.
About half the punitive damages would go toward the Missouri Crime Victim Compensation Fund, Onder said.
Giannecchini, now 63, was 59 when she was diagnosed with stage 4 ovarian cancer in 2012. "There isn't a way to describe how you feel emotionally when you're told you probably won't make it beyond the next year," she said.
She had used talc-containing J&J products for more than 40 years, she said. Talc was found in her ovaries.
"I had no idea there was any risk involved with using them," she said. "It was startling to hear."
Internal J&J memos showed the company was aware of studies linking talc powder to an increased risk of ovarian cancer for decades, Onder said.
The jury voted 10-2 Thursday to find J&J at fault after deliberating for about three hours. One of the jurors did not sign the verdict because she thought the $70 million in damages was not enough, Onder said.
Thursday's verdict is the first to also find Imerys Talc at fault.
There was evidence the two previous plaintiffs had used products containing talcum powder from other manufacturers.
Onder said he expects J&J won't put a warning on its products and will continue a "scorched-earth legal policy" despite the recent verdicts.
"They won't settle until they absolutely have to," he said. "I suspect we will continue to try cases and continue to get verdicts until they understand that juries are telling them to do the right thing."
Carol Goodrich, a spokesperson with Johnson & Johnson, provided this statement: "We deeply sympathize with the women and families impacted by ovarian cancer. We will appeal today's verdict because we are guided by the science, which supports the safety of Johnson's Baby Powder.
"In fact, two cases pending in New Jersey were dismissed in September 2016 by a state court judge who ruled that plaintiffs' scientific experts could not adequately support their theories that talcum powder causes ovarian cancer, a decision that highlights the lack of credible scientific evidence behind plaintiffs' allegations."
Talcum powder products contain the mineral talc that can absorb moisture and prevent chafing and rash. It is used in eye shadow, blush and some chewing gums as well as baby powder. Some talc naturally contains asbestos, which is known to cause lung cancer. Asbestos has been removed from household talcum products since the 1970s.
The American Cancer Society states research into talc and ovarian cancer is ongoing, and "until more information is available, people concerned about using talcum powder may want to avoid or limit their use of consumer products that contain it."
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J&J Hit With $70M Verdict in Third Talc Powder Loss
Oct 27, 2016 | National Law Journal
By Amanda Bronstad
Johnson & Johnson was hit on Thursday with a $70 million verdict over its talcum powder products in the third case to go to trial this year.
A Missouri jury returned the verdict hours after closing arguments ended in a trial that began on Oct. 4 in the 22nd Circuit Court in the city of St. Louis. The award includes $65 million in punitive damages against Johnson & Johnson and $2.5 million in punitive damages against Imerys Talc America Inc., which wasn’t found liable in prior trials, according to plaintiffs firm Beasley, Allen, Crow, Methvin, Portis & Miles in Montgomery, Alabama.
The damages award for plaintiff Deborah Giannecchini follows separate verdicts against Johnson & Johnson of $72 million and $55 million awards earlier this year in the same Missouri court. The New Jersey-based consumer health company faces lawsuits by more than 1,200 women claiming they contracted ovarian cancer from prolonged use of talcum powder products.
“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 principal Ted Meadows. “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.”
Johnson & Johnson spokeswoman Carol Goodrich said: “We will appeal today’s verdict because we are guided by the science, which supports the safety of Johnson’s baby powder. In fact, two cases pending in New Jersey were dismissed in September 2016 by a state court judge who ruled that plaintiffs’ scientific experts could not adequately support their theories that talcum powder causes ovarian cancer, a decision that highlights the lack of credible scientific evidence behind plaintiffs’ allegations.”
In the New Jersey cases, Atlantic County Superior Court Judge Nelson Johnson found that the experts—who testified in the two earlier Missouri trials—had gaps in their scientific methodologies and failed to explain how talcum powder specifically caused ovarian cancer.
Imerys spokesman Dan Rene cited the same Sept. 2 ruling in New Jersey in its response to Thursday’s verdict: “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,” he wrote. “Imerys utilizes a rigorous set of proprietary safety procedures in the production of talc, and we are confident that our products are safe.”
Giannecchini, who used Johnson & Johnson’s baby powder for more than 40 years, was diagnosed with ovarian cancer four years ago at age 59, according to Beasley Allen.
Beasley Allen represented the plaintiffs in the earlier cases. But Johnson & Johnson, previously represented by Shook, Hardy & Bacon, turned to Nelson Mullins Riley & Scarborough to represent it at this month’s trial.
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BREAKING: Jury Awards $70M+ In Talc Powder Cancer Lawsuit, Hands J&J 3rd Consecutive Trial Loss
Oct 27, 2016 | Courtroom View Network
By David Siegal
A Missouri state court jury awarded nearly $71 million dollars on Thursday to a woman claiming she developed ovarian cancer due to using Johnson & Johnson’s talc-containing personal hygiene products on her genitals for decades, who accused the company of not warning consumers about the products’ health risks in order to protect profitable brands.
The jury reached its verdict only a few hours after hearing closing arguments in a lengthy trial that began October 4. They awarded plaintiff Deborah Giannecchini $2.57 million in compensatory damages and 67.5 million in punitive damages. Giannecchini’s case is just the third out of more than 1200 others consolidated in Missouri and New Jersey state court to go to trial and was closely watched, after two previous St. Louis juries returned massive verdicts in similar cases earlier this year.
Unlike the other two trials, the jury found J&J’s talc supplier, Imerys Talc America, partially responsible for Giannecchini’s cancer. In the earlier Missouri trials the company escaped all liability, but this time was stuck with a 10 percent share of Giannecchini’s compensatory damages and a $2.5 million portion of the total punitive award.
Giannecchini’s attorneys had asked jurors to award her $275 million.
The full trial was webcast and recorded gavel-to-gavel by Courtroom View Network.
Giannecchini, 46, alleged J&J knew talc particles could travel up the fallopian tubes to the ovaries and cause cancer, but withheld the information from the public due to the popularity of brands like Johnson & Johnson’s Baby Powder and Shower to Shower. Her attorneys argued that J&J ignored compelling scientific evidence from as far back as 1982 linking ovarian cancer with talc powder use, but J&J maintains that ovarian cancer has no single known cause, and that both the FDA and CDC reviewed the potential cancer risks of talc-containing hygiene products and deemed them safe.
One of Giannecchini’s attorneys, Ted Meadows of the Alabama-based firm Beasley Allen, said in a statement that Thursday’s verdict signals it is time for J&J to “come clean” about the risks of talc powder.
“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,” Meadows said.
J&J spokesperson Carol Goodrich told CVN the company plans an appeal.
“We will appeal today’s verdict because we are guided by the science, which supports the safety of Johnson’s Baby Powder,” Goodrich said.
Imerys spokesperson Dan Rene told CVN the company is disappointed by the jury’s decision.
“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,” Rene said. “Imerys utilizes a rigorous set of proprietary safety procedures in the production of talc, and we are confident that our products are safe.”
Both Goodrich and Rene noted that a New Jersey state court judge recently dismissed a talc powder case shortly before going to trial after finding the plaintiffs lacked sufficient medical evidence to support their claims. Most state court talc cancer cases are centralized in New Jersey and Missouri, so Thursday’s verdict, along with Missouri’s less stringent standard for admitting expert testimony, will likely make that state the preferred forum for newly filed talc cases.
Given the impact these initial trials could have on shaping the terms of any eventual large-scale settlement, a battalion of high-powered attorneys descended on Judge Rex Burlison’s St. Louis courtroom from all across the country.
Along with Beasley Allen, Giannecchini was also represented by Allen Smith of the Mississippi-based Smith Law Firm, who delivered the plaintiff’s closing argument, Mississippi-based Porter & Malouf, and local Missouri firm Onder Shelton O’Leary and Peterson LLC.
All four plaintiff’s firms represented women in the previous two Missouri talc trials, but J&J had two new firms heading up their defense after previously turning to Butler Snow LLP and Shook Hardy & Bacon LLP. This time David Dukes of Nelson Mullins Riley & Scarborough's Columbia, South Carolina office delivered the company’s closing argument, backed up by Kathleen Gallagher of the Texas-based firm Beck Redden LLP.
Imerys was represented by Nancy Erfle of Gordon & Rees’ Portland, Oregon office. Gordon & Rees also represented Imerys in the previous two Missouri trials.
A third consecutive verdict will likely spawn a new wave of potential claims against J&J and Imerys. After the last Missouri verdict in May, Beasley Allen claimed to be reviewing roughly 5000 possible new cases.
J&J may attempt to pull future cases into federal court, where 54 pending talc cases were recently consolidated into multidistrict litigation in New Jersey. The company made an unsuccessful last minute bid to remove Giannecchini’s case to federal court in September shortly before the start of jury selection, but was rebuffed by U.S. District Judge Jean C. Hamilton.
Only one talc powder case has gone to trial in federal court. A South Dakota jury in 2013 found J&J to be negligent but awarded the plaintiff no damages.
The next state court talc trial is scheduled for January according to court records.
Giannecchini’s case was consolidated under the caption Tiffany Hogans, et al. v. Johnson & Johnson, et al, case number 1422-CC09012-01, in Missouri’s 22nd Judicial Circuit in St. Louis.
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Does talcum powder cause cancer? Johnson & Johnson fined £57m over woman’s illness
Oct 28, 2016 | Yahoo! Blog
By Rob Waugh
Johnson & Johnson has been fined £57 million after woman’s ovarian cancer was linked to her use of talcum powder for four decades.
It is among 1,700 lawsuits accusing the company of ignoring studies linking its baby powder products to ovarian cancer and failing to warn customers, Bloomberg reports.
A St Louis jury awarded Deborah Giannecchini, 62, $70 million (£57 million), after she used the products for feminine hygiene for four decades.
She now has an 80% chance of dying within the next two years.
Giannecchini said, ‘I’ve waited for a long time for this. I’ve wanted this so badly.’
Allegations of a link between talcum and cancer are controversial, and many cancer experts believe the link is unproven.
Cancer Research UK states on its website: ‘Scientists are trying to see if this is the case, but for now the evidence is still uncertain. However, even if there is a risk it is likely to be fairly small.
‘If something truly causes cancer, you would expect people who are exposed to more of that thing to have a higher risk.
‘For example, the more you smoke, the higher your risk of lung cancer. But the majority of the studies have not found a similar relationship for talc use and ovarian cancer.’
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J&J pays $70m over cancer allegations
Oct 28, 2016 | Pharmafile
By Matt Fellows
The case began on 26 September, with California resident Deborah Giannecchini accused the company of “negligent conduct” in the production and marketing of its products, leading to her cancer diagnosis in 2012.
"We are pleased the jury did the right thing," said Jim Onder, an attorney for the plaintiff. "They once again reaffirmed the need for Johnson & Johnson to warn the public of the ovarian cancer risk associated with its product."
Spokeswoman Carol Goodrich responded in a statement: "We deeply sympathise with the women and families impacted by ovarian cancer. We will appeal today's verdict because we are guided by the science, which supports the safety of Johnson's Baby Powder.''
This is not the first time this allegation has been brought against the company; earlier this year, two other lawsuits ended the same way for a combined total payout of around $127 million. Around 2,000 women have also reportedly filed similar reports.
J&J maintains that, based on its research, its product is perfectly safe. Research has failed to find anything more than a weak connection between ovarian cancer and talcum powder use. However, St Louis-based Onder Law, who fought all three of these major cases, has cited other research that claims that women who regularly use talc on their genital area face up to a 40% higher risk of developing ovarian cancer.
The International Agency for Research on Cancer classifies genital use of talc as "possibly carcinogenic". J&J previously agreed to omit ingredients which were cited as possibly carcinogenic from all its products by 2015.
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Morning Express With Robin Meade
Oct 28, 2016 | HLN
View Clip Here: http://app.criticalmention.com/app/#clip/view/24730779?token=87e9ad0a-166f-4a69-884c-a6991d24780a (1:27)
Rough Transcript:a jury just told johnson & johnson that it will have to pay $70 million to a woman in california that another verdict said is linking its baby powder to ovarian cancer. >> i don't want to get in legal trouble. >> put it the right way -- >> this is yet another verdict. >> i remember the first case. people were like, wow, should i be concerned? and there are other cases in line $1,700. that's the big business problem for johnson & johnson. you should know that johnson & johnson says there's still no proven link between talc, like its famous johnson's baby powder, and ovarian cancer. that's what they've been arguing in court. you know, they've been squaring the scientific studies off each other, but this is three in a row where the jury said, no, we agree with the plaintiffs p. and one juror even said that they agreed that johnson & johnson may have known about this for 30 years and been covering this up and said there should be a warning label. now, a lawyer for this california woman was arguing, but i got to say it must be hard to be a juror on these trials because it's a lot of science. that's the thing -- even if johnson & johnson, say for argument's sake, say they're right, they just lost three times on a very big product. what are they going to do about it? do you want to keep battling even if you're right?
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CNN Money View With Nina Dos Santos
Oct 28, 2016 | CNN
View Clip Here: http://app.criticalmention.com/app/#clip/view/24731821?token=87e9ad0a-166f-4a69-884c-a6991d24780a (00:24)
Rough Transcript: johnson has been ordered by a jury in the u. s. the pay over seventy million dollars to a california woman her lawyers argued there was a link between her severe ovarian cancer and the j. and j. talcum powder that she'd use for years %hesitation this is the third case where the company has been ordered to pay tens of millions of dollars in compensation johnson johnson says it strongly disagrees with the court's verdict our drivers
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Oct 28, 2016 | Fox News
View Clip Here: http://app.criticalmention.com/app/#clip/view/24731827?token=87e9ad0a-166f-4a69-884c-a6991d24780a (00:18)
Rough Transcript: the jury in st. louis has awarded a california woman $70 million as a result of a lawsuit over the company's baby powder. it was responsible for the woman's ovarian cancer.
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Oct 28, 2016 | Fox News
View Clip Here: http://app.criticalmention.com/app/#clip/view/24731818?token=87e9ad0a-166f-4a69-884c-a6991d24780a (00:11)
Rough Transcript: we've got some friday business headlines right now. first up, a whopping $70 million awarded to a woman who said Johnson & Johnson's Baby Powder gave her ovarian cancer, the company facing thousands of similar lawsuits.
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Oct 28, 2016 | BBC Breakfast
View Clip Here: http://app.criticalmention.com/app/#clip/view/24730781?token=87e9ad0a-166f-4a69-884c-a6991d24780a (00:26)
Rough Transcript: a woman in the united states has been awarded more than 57 million after claiming years of using johnson and johnson's baby powder caused her cancer. deborah giannecchini was diagnosed with ovarian cancer
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Oct 28, 2016 | BBC
View Clip Here: http://app.criticalmention.com/app/#clip/view/24730782?token=87e9ad0a-166f-4a69-884c-a6991d24780a (00:24)
Rough Transcript: a jury in the united states has awarded more than $70 million, or #57 million, to a woman who claimed years of using johnson and johnson's baby powder caused her cancer. deborah giannecchini was diagnosed with ovarian cancer four years ago. in the latest case of its kind, she accused the company
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