St. Clair County jurors reached a defense verdict in favor of Johnson & Johnson on Friday in a Smithton woman’s lawsuit alleging her ovarian cancer was allegedly caused by using J&J talcum powder products.
The verdict was reached after five hours of deliberations. Circuit Judge Christopher Kolker presided over the two and a half week trial.
"When presented with the science, the facts, and the truth, our jury reached the right conclusion that Johnson's Baby Powder does not cause ovarian cancer. I am grateful for the time our jurors spent carefully considering the evidence in this case," said defense attorney Allison Brown of Skadden Arps Slate Meagher & Flom in New York.
Plaintiff attorney Leigh O'Dell of Beasley Allen in Montgomery, Ala. said, "The evidence linking genital talc use to ovarian cancer remains overwhelming. This decision will not dissuade us from seeking justice for the thousands of women who have become victims of this disease through the corporate negligence and greed of Johnson & Johnson."
During closing arguments Thursday, O’Dell asked jurors to award the estate of Betty Driscoll between $10 and $50 million. Specifically, she asked for between $5 and $25 million on three counts of survival action and three counts of wrongful death.
The lawsuit was brought by Driscoll's niece Colleen Cadagin, who sued J&J in 2018 as executrix of her aunt's estate.
Cadigan alleged that Driscoll’s 40-year use of Baby Powder and Shower to Shower caused her to develop ovarian cancer in February 2015.
O’Dell said Driscoll was in remission from her cancer after undergoing chemotherapy and surgery. However, the cancer returned in February 2016. After an 18-month battle with cancer, Driscoll died at her home two days before her birthday in September 2016. She was 69 years old.
The plaintiffs' counsel argued that Johnson & Johnson knew of scientific studies concluding that talcum powder products posed an increased risk of developing ovarian cancer when applied in the genital area. Calling talcum powder products the defendant's "golden egg," she accused Johnson & Johnson of engaging in a "marketing double down" in response to the studies.
Johnson & Johnson attorneys Allison Brown and Michael Brown of Nelson Mullins argued that the plaintiffs failed to prove that Driscoll used the defendant's baby powder products. They also argued that experts question how a product applied outside of the body would travel up the genitals and remain for the 15-20 year latency period before developing ovarian cancer.
Additionally, the defendants argued that Johnson & Johnson's talcum powder products are safe and have not been proven to increase the risk of developing ovarian cancer by organizations such as the Food and Drug Administration.
Following the trial, Allison Brown said J&J Vice President of Women's Health Dr. Susan Nicholson did not appear for the continuation of cross-examination on July 26 due to a medical emergency. Kolker charged J&J and Nicholson with contempt of court.
"I am disappointed that the plaintiff's lawyers publicly attacked a respected J&J physician, despite knowing she experienced a medical emergency which prevented the conclusion of her testimony here. We look forward to appealing the contempt orders issued by the court," she said.
During closing arguments Thursday, O'Dell suggested J&J became concerned because Nicholson's testimony was allegedly favoring the plaintiff.
"She came here in a private jet to testify on Friday and Johnson & Johnson couldn't bring her back" to complete her testimony the following Monday, O'Dell questioned.
"She went from Miss Vivacious to Miss Defensive to scared to death," plaintiff attorney Ted Meadows added during his portion of closing arguments.