Johnson & Johnson is asking a judge not to allow dismissal of a lawsuit concerning its controversial Baby Powder product. A July 27 Bloomberg News article reported on the unusual move taking place in Los Angeles federal court. The lawsuit was designed to force the healthcare giant to put cancer warning labels on its Baby Powder. The law firm that brought the suit, Lanier Law Firm, now wants to drop it. However, Johnson & Johnson would rather have its day in court.
It is unusual for a defendant to not agree to a plaintiff’s request to have a lawsuit dismissed. But as noted in the Bloomberg article, Johnson & Johnson wants to discourage similar lawsuits in the future. The company believes that Lanier Law Firm wants to avoid an unfavorable ruling which could jeopardize other ongoing litigation. Lanier says that it needs to add another defendant to the case, requiring a dismissal of this one.
The underlying issue concerns alleged cancer risks of talcum powder, the ingredient in Johnson & Johnson’s Baby Powder. California’s Proposition 65 law requires cancer warning labels for products that contain known carcinogens. Carcinogens are any substances that can cause cancer. The company believes that talcum powder does not cause cancer and does not need a warning label.
This latest turn of events is another chapter in ongoing legal problems that have plagued the company. Johnson & Johnson faces more than 14,000 lawsuits over alleged health risks posed by Baby Powder. The U.S. Justice Department is also investigating criminal allegations over potential cancer risks, according to Bloomberg.
Lanier Law Firm maintains that talc-based products cause cancer. These dangers have been known about since the 1970s. For instance, a Harvard Medical School study concluded that women who used talcum powder daily are at risk. The report found an incredible 40% increased risk of ovarian cancer in these women.
Many of the lawsuits have alleged these and similar dangers. In addition, they have contended that Johnson & Johnson knew about these dangers but did nothing to correct them. Some litigants have even accused the company of concealing evidence linking talc-based products to cancer.
Companies like Johnson & Johnson are obligated to put reasonably safe products for sale on the market. When these companies know about safety risks associated with their products, they are required to take action. Johnson & Johnson has been accused of neglecting these and other basic responsibilities. Their request to maintain a lawsuit, rather than place cancer warning labels on their products, is discouraging to cancer victims.
Plaintiffs are undeterred by this move and will continue with their work to hold Johnson & Johnson responsible. The mass tort litigators of Gacovino, Lake & Associates, P.C. have extensive experience with talcum powder lawsuits. We continue to investigate these claims and pursue litigation on behalf of our clients. If you have used talcum powder and have developed cancer or other health problems, we want to help. Our attorneys will investigate your claims and learn about your use of talc-based products. We will review your medical history and the evidence concerning your claims, and let you know about your legal options.
Our New York mass tort litigators will fight for the maximum compensation you deserve. If you have experienced injuries from Johnson & Johnson products, they can take a serious financial toll on you. We will seek a jury award or settlement with satisfactory damages to address the following losses:
- Past, present, and future medical bills and related expenses
- Pain and suffering and emotional distress
- Lost wages and lost earning capacity
- Funeral expenses and other damages in the event of a wrongful death
LET OUR ATTORNEYS GO TO WORK FOR YOU
Consumers deserve to know that the products they use are safe. Johnson & Johnson is stubbornly resisting efforts to hold them accountable for cancer risks associated with its talcum powder. But you have legal rights. Contact the caring attorneys of Gacovino, Lake & Associates P.C. today to get started on your case.