Over the past few months, Johnson & Johnson has been found liable in several product liability lawsuits, based on the continued use of its talc-based baby powder. According to one recent financial news source, the company was most recently found liable for over $67 million, which puts the total amount for all of the baby powder lawsuits brought against the company at about $195 million.
The cases proceed under a product liability theory and rely on recently discovered evidence that the continued use of talc-based products can result in certain kinds of cancer. Specifically, the research indicates that the use of baby powder in women’s genital areas can lead to ovarian cancer. There are currently about 2,500 lawsuits pending filed by women who have suffered from various sicknesses – mostly ovarian cancer – after the continued use of the product.
Johnson & Johnson denies that its product causes cancer. According to the news source, the company plans to appeal the most recent ruling, based on an alleged tainting of the jury pool. Johnson & Johnson claims that the woman’s lawyers ran several ad campaigns prior to her trial in the jurisdiction where the trial took place. The woman’s lawyers deny the company’s claim, and a court has yet to rule on the issue. For now, all of the verdicts in favor of the plaintiff will stand.
Product Liability Lawsuits in Florida
In Florida, product manufacturers have a duty to create safe products or to provide a warning if there is evidence that a product may be unsafe for its intended use. If a manufacturer fails to issue a warning to its customers, and a customer is injured due to the use of the product, the injured party may have a product liability case against the manufacturer. However, these cases can be complex, especially regarding the “causation” element of the claim.
Causation is a legal requirement in product liability cases. Essentially, a plaintiff has to be able to show that the use of the product is what caused their injuries. While this may sound simple in theory, product manufacturers and their attorneys will often claim that a plaintiff’s medical condition is due to something completely unrelated to the use of their products. If a defendant manufacturer can convince a court of this, the plaintiff’s case will fail. Therefore, it is incredibly important to ensure that all potential avenues of liability are explored, including obtaining an expert witness when necessary.
Have You Been Diagnosed with Ovarian Cancer?
If you or a loved one has been diagnosed with ovarian cancer after the continued use of baby powder or another talc-based product, you may be entitled to monetary compensation. The skilled personal injury attorneys at Cecere Santana have decades of experience bringing product liability cases against manufacturers of dangerous products, and we know what it takes to prove our clients’ cases. Call 800-753-5529 to set up a free consultation today. Calling us to discuss your case will not result in any obligation on your part, and we will not bill you for our time unless we can help you obtain the compensation you deserve.
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Cecere Santana Supports Food Drive, Cecere Santana Injury Lawyers Blog, published November 4, 2016.