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July 7th, 2021
In a positive development for ovarian cancer victims across the country, the U.S. Supreme Court has rejected Johnson & Johnson’s appeal of a $2 billion verdict in favor of women who have claimed they developed ovarian cancer from their use of J&J’s asbestos-contaminated talcum powder products. J&J’s appeal bid stems from a $4.7 billion verdict rendered by a Missouri jury that was reduced to $2 billion after two women were dropped from the suit in an earlier, Missouri state court appeal by J&J. Unsatisfied with its appellate victory at the state level, J&J petitioned the U.S. Supreme Court for further relief arguing it was not treated fairly because the trial involved 22 cancer sufferers who came from 12 states and different backgrounds.
While the Supreme Court offered no further comment on its rejection J&J’s appeal bid, no Justices dissented in the decision (with Justices Samuel Alito and Brett Kavanaugh recusing themselves from consideration of the case over potential conflicts). Amongst the allegations against J&J are that, for decades, it knew that its talc powders contained asbestos, a potent carcinogen with no known safe exposure level and that J&J could have transitioned to cornstarch-based products, as J&J’s scientists proposed as early as 1973.
The Supreme Court’s decision represents a huge win for the women involved in this lawsuit. However, tens of thousands of women across the country who have suffered and died from ovarian cancer await and hope for a similar outcome. While Johnson & Johnson has stopped selling its talc-based “Baby Powder” in the U.S. and Canada, it has yet to admit to any wrongdoing or offer to settle the remaining claims pending against it. And so, this litigation marches on. In the meantime, if you have used talcum powder products and have developed ovarian cancer you should contact an experienced law firm right away to explore your potential claims.
