Last fall, a jury in Sioux Falls, South Dakota rendered a decision that Johnson and Johnson Company was negligent and failed to warn a woman, Deane Berg, who developed ovarian cancer after using their baby powder product. The jury also found that the company was the cause of the plaintiff’s cancer.
But even though the jury found that the company was negligent, it failed to award damages in the case. This has led to Berg’s attorney, R. Allen Smith, to file a post-motion asking for a new trial since the law says that damages must be awarded in a case where a defendant is found to be liable in such a case. The new trial would be conducted strictly for damages.
Over the past few decades, there have been numerous studies conducted on the link between talcum powder-based products and various types of cancers. Although the American Cancer Association does not list talc on its list of potential substances causing cancer, the International Agency for Research on Cancer (IARC), re-evaluated its position and described talc as “possibly carcinogenic to humans,” in 2007.
The evidence is growing that the use of products containing talc that are used in common every day cosmetic and even food products is linked to some forms of cancer. Most people use these products and are completely unaware of the risks and by the time they find out, it is almost always too late.
If you or someone you love has developed ovarian cancer or has died after having used talc products, we are deeply sorry and want to help in every way we can.
Contact the law offices of John Foy & Associates to find out now we can help you recover medical costs and even file a wrongful death suit against those responsible. You may reach us at (404)400-4000. Your consultation is free and you do not pay until you win you case.