Johnson & Johnson must pay $ 72 million to the family of a woman who died from ovarian cancer that her lawyers said was linked to her use of the company’s talc powder.
The Missouri jury verdict late Monday handed the payout to the family of Jacqueline Fox, which argued that the cosmetics giant was “lying to the public” and “lying to the regulatory agencies” about product safety, lawyer Jere Beasley said.
via FacebookJohnson & Johnson was ordered to pay $ 72 million to Jacqueline Salter Fox after a jury found that the company’s talc-based baby powder caused her ovarian cancer.
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Jeff Chiu/AP
Johnson & Johnson knew of the risks its talcum powder could pose, according to lawyers for Jacqueline Fox.
My dear sweet mom. The pain of loosing you is so hard but I’m thankful your suffering is over. Forever your prince. RIP Mom…
Posted by Marvin Salter on Tuesday, April 2, 2013
Fox, who used Johnson & Johnson’s Baby Powder and Shower to Shower for more than 35 years, died in October at age 62. The jury deliberated just four hours after a three-week trial, finding Johnson & Johnson liable for fraud, negligence and conspiracy.
The $ 72 million payout represents $ 10 million in actual damages and $ 62 million in punitive damages. Johnson & Johnson is considering an appeal.
The ruling is the first payout of its kind by Johnson & Johnson, though a federal jury in South Dakota found in 2013 that the company’s powder was linked to ovarian cancer.
No damages were awarded at that time, but Johnson & Johnson is still facing hundreds of similar lawsuits alleging that it failed to warn consumers of a possible cancer link from talc-based products, Beasley said.
Such a link, however, is unclear. Some studies have said talcum powder raises the risk of ovarian cancer by a third, yet other studies have found no link at all.
Still, lawyers for the Fox family argued that Johnson & Johnson knew for decades that the powders, often used for feminine hygiene, could cause cancer.
Johnson & Johnson denied it.
“We have no higher responsibility than the health and safety of consumers, and we are disappointed with the outcome of the trial,” the company said in a statement. “We sympathize with the plaintiff’s family but firmly believe the safety of cosmetic talc is supported by decades of scientific evidence.”
Ovarian cancer is the fifth leading cause of cancer deaths in women.
With News wire services
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