Plaintiffs obtained a significant victory yesterday in their fight in the Johnson & Johnson (“J&J”) talcum powder litigation. A jury in the Circuit Court in St. Louis, Missouri awarded a $70.075 million verdict to Deborah Giannecchini—the third victory for devastated plaintiffs crippled with developing ovarian cancer from the use of Johnson & Johnson’s baby powder and Shower-to-Shower talc products.
J&J was ordered to pay $65 million in punitive damages and 90 percent of $2.5 million for pain and suffering and medical costs. J&J’s supplier, Imerys Talc America, was also found liable by the jurors who deliberated for about three hours.
Ms. Giannecchini used J&J’s baby powder for more than four decades for feminine hygiene until her diagnosis of ovarian cancer in 2013. She has already undergone surgery, radiation, and chemotherapy, and has been told she has an 80 percent chance of dying in the next two years. After the verdict, Ms. Giannecchini stated, “I’ve waited for a long time for this. I wanted this so badly.”
According to one of the jurors, Billie Jay, 76, of St. Louis, the company was at fault for failing to provide a warning label that would let consumers make an informed decision on whether to use the product. “It seemed like Johnson & Johnson didn’t pay attention,” she said. “It seemed like they didn’t care.”
One of the most compelling pieces of evidence revealed during the trial was written communication between J&J and Imerys, which showed the company was aware of the dangers for more than 30 years. Further studies shown at trial concluded women who use talc-containing products have a 30-60% increased risk of developing ovarian cancer. A central theme during the trial by the plaintiff’s attorney was simple—“When is enough going to be enough.”
Allen Smith, the attorney for Ms. Giannecchini, told jurors at trial J&J knew of the risks of ovarian cancer and instead of informing the public, “developed a defense strategy to prevent government regulation of its products.” Smith was quoted after the trial with stating, “I think the jury heard our message loud and clear. If this doesn’t send a message to J&J to add a warning, I don’t know what will.”
The verdict follows two substantial talc verdicts in St. Louis this year in the amounts of $55 million and $72 million.
