Pharmaceutical giant Johnson & Johnson has won the latest in a series of civil suits arguing its talc-based baby powder could cause cancer.
A jury in Long Beach rejected the claims of a 65-year-old former teacher, represented by Weitz & Luxenberg P.C., that the company's talc-based baby powder contained asbestos. Blinkinsop v. Albertson Co., BC677764 (Superior Court, Los Angeles Co. Long Beach filed September 29, 2017)
Johnson & Johnson, represented by King & Spalding LLP, has faced many similar cases in recent years with more than a dozen slated for trial throughout 2019, according to court filings.
The company could eventually face up to 11,700 lawsuits over the safety of its talc-based products, according to its most recent quarterly filing.
Of 11 cases focused on the company's talc-based products allegedly being contaminated with asbestos, plaintiffs have prevailed in three, including a $4.69 billion verdict in July last year. Johnson & Johnson won three others with the remaining five concluding in hung juries,
The Long Beach decision comes less than a month after an Alameda County jury hit Johnson & Johnson with a $24.9 million verdict in a lawsuit that similarly claimed talc was asbestos tainted. Leavitt v. Johnson & Johnson, RGI7882401 (Alameda Super. Ct. filed April 14, 2017).
Plaintiff Robert Blinkinsop alleged in court documents he used Johnson & Johnson's talc based products throughout his life for hygienic purposes and was not warned about its potential cancer-causing properties.
"Defendants propagated misinformation to instill a false sense of security and safety" in its users, according to Blinkinsop's complaint.
In addition, the company "opted to manufacture, distribute and install said asbestos and asbestos-containing products without attempting to protect users from or warn users of the high risk of injury or death," according to court documents.
While Johnson & Johnson has elected to settle some cases based around asbestos, the company contends its products do not contain the carcinogen.
Carter Stoddard
carter_stoddard@dailyjournal.com
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