Award Against Johnson & Johnson Tossed 10/23 05:50
LOS ANGELES (AP) --- A judge on Friday tossed out a $417 million jury award
to a woman who claimed she developed ovarian cancer by using Johnson & Johnson
talc-based baby powder for feminine hygiene.
Los Angeles County Superior Court Judge Maren Nelson granted the company's
request for a new trial, saying there were errors and jury misconduct in the
previous trial that ended with the award two months ago.
Nelson also ruled that there wasn't convincing evidence that Johnson &
Johnson acted with malice and the award for damages was excessive.
The decision will be appealed even though Eva Echeverria has died, said her
attorney, Mark Robinson Jr.
"We will continue to fight on behalf of all women who have been impacted by
this dangerous product," he said in a statement.
Echeverria alleged Johnson & Johnson failed to adequately warn consumers
about talcum powder's potential cancer risks. She used the company's baby
powder on a daily basis beginning in the 1950s until 2016 and was diagnosed
with ovarian cancer in 2007, according to court papers.
Echeverria developed ovarian cancer as a "proximate result of the
unreasonably dangerous and defective nature of talcum powder," she said in her
Her attorney contended that documents showed that Johnson & Johnson knew
about the risks of talc and ovarian cancer for three decades.
The company said it was pleased with the ruling.
"Ovarian cancer is a devastating disease --- but it is not caused by the
cosmetic-grade talc we have used in Johnson's Baby Powder for decades. The
science is clear and we will continue to defend the safety of Johnson's Baby
Powder as we prepare for additional trials in the U.S.," spokeswoman Carol
Goodrich said in a statement.
Similar allegations have led to hundreds of lawsuits against the New
Jersey-based company. Jury awards have totaled hundreds of millions of dollars.
However, on Tuesday a Missouri appellate court threw out a $72 million award
to the family of an Alabama woman who has died, ruling that the state wasn't
the proper jurisdiction for such a case.
The court cited a U.S. Supreme Court ruling in June that placed limits on
where injury lawsuits could be filed, saying state courts cannot hear claims
against companies not based in the state where alleged injuries occurred.