A Florida jury has rejected arguments by plaintiff’s attorneys that a Johnson & Johnson baby-powder talc product caused a Sarasota County’s woman’s fatal ovarian cancer after she used the powder for more than 50 years.
The husband of the late Patricia Matthey filed the lawsuit in the 12th Judicial Circuit Court in Sarasota County. An amended complaint filed in 2020 accused J&J of negligent conduct in the research, development and testing of its baby powder product, which the plaintiff contends was the direct cause of Matthey’s illness and death.
The complaint also alleged possible asbestos contamination of the talc powder and a resulting increase in consumers’ cancer risks.
The jurors’ verdict form, which was signed on April 18, contained nine questions, but they answered “No” to the first question, “Was Patricia A. Matthey’s use of Johnson’s Baby Powder a legal cause of her cancer?” The “No” answer meant jurors could not answer any of the remaining questions about the size of the damages award and issues of negligence.
Matthey regularly used the powder from 1965 through August 2016, according to the lawsuit.
“Decedent purchased the product and used it on a daily basis in and around her vaginal area,” the amended complaint states. “Decedent used the product by applying the powder to her body in accordance with the instructions for use that accompanied the product. …”
The Beasley Allen law firm, which represented husband Philippe Matthey in this case, contends that 14,000 women die each year from ovarian cancer as a result of using the powder. But J&J’s vice president of litigation, Erik Haas, criticized the law firm’s record and its opposition to a J&J effort to find a negotiated settlement to the litigation.
“This verdict is yet another loss for the Beasley Allen law firm, which has not won a single case or recovered a dime for its clients in the years that it has pursued these talc claims – but nonetheless has been the primary opponent and impediment to a final and comprehensive settlement that would afford a timely recovery for all claimants, both current and future,” Haas said in a statement emailed to the Florida Record.
The baby powder does not cause cancer, he said, and the plaintiff’s attorneys are basing their conclusions on illegitimate science.
“Consistent with decades of scientific research, the jury appropriately found that talc is safe, does not contain asbestos and does not cause cancer, which is the same outcome the company achieved in 16 of 17 ovarian cases tried to date,” Haas said. “The plaintiffs’ bar should cease their pursuit of aberrant jackpot verdicts by proffering false and misleading narratives designed to confuse and deceive.”
The jurors’ verdict gives more credence to a proposal by J&J in 2023 to seek a comprehensive, final settlement of the talc litigation claims through a bankruptcy plan.
“While those negotiations are proceeding, we will continue to defend the meritless talc claims in the tort system, which we have done successfully and repeatedly this year,” Haas said.
Most claimants in the talc litigation receive nothing through the tort system while plaintiff’s attorneys earn huge payouts, according to J&J.
Last month, a Florida state court jury in Miami was unable to reach a verdict in a case that involved allegations that J&J’s cosmetic talc products caused a woman’s fatal ovarian cancer. A retrial in that case has yet to be scheduled.
Lawsuits filed on behalf of five other talcum powder plaintiffs led to damages awards totaling more than $2.9 billion, according to the Beasley Allen law firm.