Last Updated on September 17, 2019 by Kirsty Smithson
A Jury in South Carolina have failed to reach a verdict in the retrial of a talc cancer Johnson and Johnson case.
The case being heard is that of a woman who died from asbestos related cancer due to long term use of Johnson & Johnson’s baby powder.
Bertila Boyd-Bostic died in 2017 from a rare form of cancer, mesothelioma.
She was just 30 years old at the time of her death.
Her family have been pursuing the case, which is the latest in a series of recent trials in the U. S against Johnson and Johnson and their talc based products.
There have been allegations that Johnson’s baby powder contains asbestos and has caused cancer in people who have used the product over a period of time.
The 1st trial for Bertila’s case took place in May, where a jury failed to reach a verdict at Darlington County Court of Common Pleas in Charleston.
Johnson and Johnson have always strongly denied the talc cancer allegations.
They have so far lost two trials and won three in cases brought against them by plaintiffs claiming their baby powder causes mesothelioma.
And in another four mesothelioma cases, the jurors couldn’t agree on a verdict or the plaintiff died, resulting in mistrials.
The talc cancer Johnson and Johnson debate sees the company facing another potential 11,700 talc lawsuits in the U.S.
But in a statement released by the talc manufacturer, they say they are confident that the mistrials and all the verdicts clearing them of any liability reflects the diligent review by juries in the cases.
A spokesperson said, “We look forward to a new trial to present our defence, which rests on decades of independent, non-litigation-driven scientific evaluations, none of which have found that Johnson’s Baby Powder contains asbestos.”
Bertila’s family are said to be disappointed with the outcome of the retrial.
Lawyer for the family, Christopher Swett, said that the judge had urged the involved parties to consider a settlement, but Johnson and Johnson were refusing to be reasonable and take any responsibility.
Johnson and Johnson have stated they will not settle any talc cancer cases and will appeal all jury verdicts against it.
Cases filed in the Federal Court in New Jersey show that of the 11,700 talc lawsuits against the company, more than 9,700 of these involve claims over ovarian cancer.
All remaining cases involve claims from people that using Johnson and Johnson’s baby powder caused them to develop mesothelioma.
An appeal is currently in progress following the biggest case to date where a Missouri jury hit Johnson and Johnson with a massive $4.69 billion verdict in the first trial.
It was alleged that asbestos contamination in their talc caused ovarian cancer in 22 women.
Source of article:- https://www.malaysiakini.com/news/452114
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Published Nov 26, 2018