Health care products giant Johnson & Johnson was recently found liable in a product liability lawsuit based on the continued use of its “Shower to Shower” talcum powder. As a result of the lawsuit, the company will be forced to pay out nearly $72 million in damages to the family of a woman who just last year died of ovarian cancer stemming from her use of the company’s product.
The woman’s family alleged that Johnson & Johnson knew about the dangers of their talc-based product but continued to sell it to customers without any warning. To help prove their case, the plaintiffs discovered internal Johnson & Johnson documents indicating that the company was aware of the adverse health consequences from using its product.
In response to the case against it, the company argued that there was no way to prove that the woman’s ovarian cancer was caused by the use of their product. However, the jury rejected that argument and awarded the family of the woman roughly $72 million. This amount was more than the $22 million the family initially requested at the inception of the lawsuit. In all, the jury determined that Johnson & Johnson was liable for $10 million in compensatory damages, as well as an additional $62 million in punitive damages, based on the company’s continued marketing and sale of the product. This was the first time Johnson & Johnson had been held liable for injuries sustained through the use of this particular product.
Talc-Based Products Are Falling Out of Favor
Many decades ago, talc-based products were commonplace in many household items. However, about 20 years ago, the safety of talc-based products started to be called into question. In fact, back in 1999, the American Cancer Association began recommending that only cornstarch-based products be used for feminine hygiene. However, currently, talcum powder is still used in wallboard as well as to keep elastic inflatable balloons from sticking together.
Product Liability Lawsuits in Florida Courts
Florida courts allow for consumers injured by dangerous products to bring cases similar to that mentioned above. Specifically, any company involved in the “manufacture, construction, design, formulation, installation, preparation, or assembly of a product” may be named as a defendant in a product liability action. In some cases, the plaintiff need not even demonstrate that the defendant was negligent. Merely proving that the product caused the alleged injuries may be enough.
Have You Been Injured By a Dangerous Product?
If you or a loved one has recently been injured while using a dangerous product, you may be entitled to monetary compensation. Keep in mind that product liability lawsuits are not limited to consumables but may be brought at any time that someone is injured while using a product. Commonly, the product is a defectively designed vehicle or medical device. To learn more about these kinds of lawsuits, contact one of the skilled personal injury advocates at the Florida law firm of Cecere Santana at 800-753-5529 to set up a free consultation.
More Blog Posts:
Little League Association Found Not To Be Liable for Injury Occurring on Baseball Field, Cecere Santana Injury Lawyers Blog, published February 25, 2016.
Drunk Driving on South Florida Roads, Cecere Santana Injury Lawyers Blog, published February 9, 2016.