L.A. jury blames ovarian cancer on baby powder, awards $417 million

Does the naturally occurring mineral talc, found in Johnson & Johnson’s baby powder, cause ovarian cancer? According to the National Cancer Institute last month:

The weight of evidence does not support an association between perineal talc exposure and an increased risk of ovarian cancer.

According to the American Cancer Society:

It has been suggested that talcum powder might cause cancer in the ovaries if the powder particles (applied to the genital area or on sanitary napkins, diaphragms, or condoms) were to travel through the vagina, uterus, and fallopian tubes to the ovary.

Many studies in women have looked at the possible link between talcum powder and cancer of the ovary. Findings have been mixed, with some studies reporting a slightly increased risk and some reporting no increase. Many case-control studies have found a small increase in risk. But these types of studies can be biased because they often rely on a person’s memory of talc use many years earlier. Two prospective cohort studies, which would not have the same type of potential bias, have not found an increased risk.

For any individual woman, if there is an increased risk, the overall increase is likely to very be small. Still, talc is widely used in many products, so it is important to determine if the increased risk is real. Research in this area continues.

On the other hand, some experts believe the risks are higher. Our contemporary American legal way of handling this disagreement is to submit the question in a series of high-stakes trials in venues selected by plaintiff’s lawyers, in which juries will listen to a battle of hired experts. On Aug. 21 a Los Angeles jury told Johnson and Johnson to pay $417,000,000 to Eva Echeverria, a 63-year-old California woman who was diagnosed with ovarian cancer in 2007. [ Margaret Cronin Fisk and Edvard Pettersson/Bloomberg, ABA Journal, Amanda Bronstad/NLJ, Alison Kodjak/NPR, Eric Lieberman/Daily Caller]

One Comment

  • Even if there is liability, which is dubious, how do they get $70 million in compensatory damages? And what is the basis for punitive damages? This is hardly a case like tobacco where the manufacturers knew of the danger and lied about it.