Personal injury and wrongful death lawsuits are sometimes subject to appeals on the part of the defense when they are found liable in court. This exact situation occurred in a case that held Johnson & Johnson liable for a woman’s cancer due to her using the company’s talc-based powder for feminine hygiene reasons.
The company contends that there isn’t a risk of ovarian cancer from the cosmetic-grade talc that is used in its baby powder. It also noted that the company is working to prepare for more trials over the issue.
A Los Angeles County Superior Court judge ruled that the evidence didn’t sufficiently show that the company acted with malice in the woman’s case. She further noted that there was jury misconduct and errors in the trial. She granted a request for a new trial.
The woman’s case alleged that the company didn’t warn women about the possibility of cancer from the use of the powder. The attorney for the woman claimed that there was evidence that the company knew about the risk for more than three decades.
An attorney for the now-deceased woman says that he will appeal this decision. The company notes that it is pleased with how the judge ruled in this case.
There are a lot of variables that come into the picture in these types of personal injury cases. Understanding the laws can help you to determine what course of action you need to take. You need to be able to consider options available to you as the case moves forward, so be prepared for a lengthy battle when you file any similar case.
Source: ABC 7 NY, “Judge tosses $417M award against Johnson & Johnson in baby powder lawsuit,” Oct. 21, 2017