Johnson & Johnson wins cancer lawsuit in California

Johnson & Johnson has won a lawsuit in California against a woman who claimed the brand’s baby powder gave her cancer.

But minutes later, the firm lost a $247 million case in Texas over faulty hip replacements made by its orthopedic brand.

Meanwhile, J&J faces lawsuits by around 5,500 plaintiffs nationally asserting talc-related claims, largely based on claims it failed to warn women about the risk of developing ovarian cancer from the products.

A jury in California ruled against a woman with cancer who claimed the firm’s talc-powder (pictured) contains cancer-causing asbestos

THE OTHER CASES AGAINST J&J 

PENDING CASES:

OVARIAN CANCER:

J&J faces lawsuits by around 5,500 plaintiffs nationally asserting talc-related claims.

They are largely based on claims it failed to warn women about the risk of developing ovarian cancer from the products.

HIP REPLACEMENTS: 

The firm also faces more than 9,700 lawsuits against its orthopedics unit in state and federal courts across the United States.

VERDICTS:

Aside from the win and loss today, J&J has had a slew of victories and defeats in recent years. 

OVARIAN CANCER:

In five trials in Missouri involving ovarian cancer lawsuits, juries found J&J liable four times and awarded the plaintiffs $307 million. In California, a jury awarded a now-deceased woman $417 million.

But in October, J&J scored major victories when a Missouri appellate court threw out the first verdict there for $72 million and a California judge tossed the $417 million verdict.

HIP REPLACEMENTS: 

The company won the first Pinnacle test trial in 2014, but subsequent juries determined the companies to be liable.

A jury in March 2016 awarded five Texas plaintiffs $500 million in damages. That award was later cut to $150 million.

J&J and DePuy were also found liable at a trial in March, during which a jury awarded six California patients $1 billion – a verdict that was later reduced to $543 million.

The California case was brought by Tina Herford, a California resident who claimed she developed the cancer mesothelioma after being exposed to asbestos in the company’s talc-based products including J&J’s Baby Powder.

She was hardly the first to do so. J&J is separately battling thousands of cases claiming those products can also cause ovarian cancer. Last month, another woman who requested $417 million claiming talc gave her ovarian cancer was overruled by a California court. 

This, however, was the first time a plaintiff has claimed that the talcum powder contains asbestos.  

Nonetheless, on Thursday, the jury in Los Angeles Superior Court ruled in favor of Johnson & Johnson.  

The jury also went in favor of talc supplier Imerys Talc.

J&J welcomed the verdict, saying it believed that setbacks dealt to individuals pursuing ovarian cancer cases had ‘forced plaintiff attorneys to pivot to yet another baseless theory.’

‘Johnson’s Baby Powder has been around since 1894 and it does not contain asbestos or cause mesothelioma or ovarian cancer,’ J&J said.

Chris Panatier, Herford’s lawyer, cautioned against reading too much into a single verdict.

‘It is a matter of time before juries begin holding them to account,’ he said.

Mesothelioma is a deadly form of cancer closely associated with exposure to asbestos. It affects the delicate tissue that lines body cavities, most often around the lungs, but also in the abdomen and elsewhere.

Herford’s lawyers contended that internal J&J documents showed the New Jersey-based company for decades was aware of the presence of asbestos in the talc that was used in its products but kept selling them anyway.

The verdict came as a federal jury in Dallas ordered J&J and its DePuy Orthopaedics unit to pay $247 million to six patients who said they were injured by defective Pinnacle hip implants.

Delivering a third straight win to patients, the jury found that the metal-on-metal hip implants were defectively designed and that the companies failed to warn consumers about the risks.

Six New York residents implanted with the devices said they experienced tissue death, bone erosion and other injuries they blamed on design flaws.

J&J, which faces more than 9,700 Pinnacle lawsuits in state and federal courts across the United States, said in a statement it would immediately begin the appeal process.

A DePuy spokeswoman said the company was still ‘committed to the long-term defense of the allegations in these lawsuits,’ adding that the metal-on-metal hip implants were backed by a strong record of clinical data showing they were effective.

Plaintiffs claimed the companies falsely promoted the device, most commonly used to treat joint failure caused by osteoarthritis, by saying it lasted longer than similar implants that include ceramic or plastic materials.

‘We thank this jury for sending a very strong message about the responsibility the defendants have to take care of their consumers,’ Mark Lanier, who represented the New York patients, said in a statement.

Thursday’s verdict came in the fourth test trial over the devices in Dallas federal court, where some 9,000 of the cases are pending. Test cases have been selected for trial, and their outcomes will help gauge the value of the remaining claims and inform potential settlement talks.

A jury in Dallas ruled that J&J was culpable for six faulty hip replacements made by its DePuy Orthopaedics unit

A jury in Dallas ruled that J&J was culpable for six faulty hip replacements made by its DePuy Orthopaedics unit

J&J won the first Pinnacle test trial in 2014, but subsequent juries determined the companies to be liable.

‘This nine-week trial was a disservice to everyone involved because the verdict will do nothing to advance the ultimate resolution of this six-year old litigation,’ attorney John Beisner, who represented the companies, said in a statement. He said the firms would seek further appellate guidance.

A jury in March 2016 awarded five Texas plaintiffs $500 million in damages. That award was later cut to $150 million.

J&J and DePuy were also found liable at a trial in March, during which a jury awarded six California patients $1 billion – a verdict that was later reduced to $543 million.

DePuy ceased selling the metal-on-metal Pinnacle devices in 2013 after the U.S. Food and Drug Administration strengthened its artificial hip regulations.

In five trials in Missouri involving ovarian cancer lawsuits, juries found J&J liable four times and awarded the plaintiffs $307 million. In California, a jury awarded a now-deceased woman $417 million.

But in October, J&J scored major victories when a Missouri appellate court threw out the first verdict there for $72 million and a California judge tossed the $417 million verdict.

Read more at DailyMail.co.uk