Tort Case Studies: Johnson & Johnson

There have been many recent lawsuits against the famous family-owned company Johnson & Johnson. Although the company prides itself on being one the public can trust, they have come under fire. Many consumers have filed lawsuits with claims of developing ovarian cancer. Women claim it is all due to using Johnson & Johnson’s Baby Powder and Shower-to-Shower Body regularly for many years.

It has now come to light that J&J was very well aware of the potential connection between genital talcum powder use and cancer more than 40 years ago, according to internal documents. Although they possessed this knowledge of the potential risk, J&J refused to change its formula to use safer ingredients or at the very least add a warning to talc product packaging. Since 1971, there have been known links between talcum powder and ovarian cancer, which brought many scientific case studies.

The Evidence Found

Over the past forty years, there have been nearly 40 papers studying the link between talcum powder and ovarian cancer. The Journal of Obstetrics and Gynecology of the British Commonwealth, published in 1971, published a small study that found talc particles had been found in 75% of the ovarian and cervical tumors removed from 13 different women. When the study was published, J&J went through many efforts to have the study undermined. Their efforts were to no effect and many more scientists have tried to find if there is any possible role talc has in the development of ovarian cancer.

In 2017, one of the most recent studies, European Journal of Cancer Prevention published a study revealing the association between genital use of talc and ovarian cancer. Although the evidence was found to be weak, it statistically strong. Another study conducted in 2018 published by Epidemiology reported “a consistent association between perineal talc use and ovarian cancer.”
Due to these case studies, there is strong evidence many women have legally again J&J. Because they were not warned against the risks and potential side effects, they have a strong case against the dishonest company.

The Legal Outcomes

As more and more women take the company to court, many cases have been siding with the victims. It wasn’t until recently that Johnson and Johnson are willing to come to a settlement with their consumers. At the beginning of 2019, the company’s lawyers settled three mesothelioma lawsuits regarding the talcum powder within one week.

A lawsuit filed in 2009 J&J offered plaintiff Deane Berg a $1.3 million settlement, which the ovarian cancer survivor rejected when she learned the settlement came with a confidentiality clause, wanting to make sure others knew about the dangers and risks talc. Although the jury verdict was in Berg’s favor, she was ultimately not given a settlement. Another case awarded 22 women in Missouri $4.69 billion in July 2018, about $213.2 million per person, when the jury decided that J&J was liable for causing ovarian cancer.

Without the many studies conducted for the oink between talc powder and ovarian cancer, many of these women wouldn’t have a case against the large company. Due to the evidence of the studies that have taken place over the last forty years, Johnson & Johnson must take responsibility and warn their consumers and the public of the potential risks behind their products.