Family Wins Compensation After Ovarian Cancer Claim
A Pennsylvania jury awarded $250,000 to the family of Gayle Emerson after she claimed that Johnson & Johnson’s talc powder caused her ovarian cancer. The Philadelphia Court of Common Pleas granted $50,000 in compensatory damages and $200,000 in punitive damages. Emerson filed the lawsuit in 2019, asserting that the company had long known about the risks. She died six months later at the age of 68.
Her son and daughter continued the lawsuit on her behalf. Moreover, Emerson used J&J’s baby powder from 1969 until 2017, when a relative informed her of potential cancer risks. Court records show that she had already been diagnosed with ovarian cancer two years earlier. As a result, her family pushed forward to seek justice on her behalf.
Company Plans to Appeal, Family Pledges to Continue Fight
Erik Haas, J&J’s worldwide vice president of litigation, said the company plans to appeal the verdict. “This token verdict reflects the jury’s appreciation that the claims were meritless and divorced from the science,” he said.
Meanwhile, Leigh O’Dell of the Beasley Allen Law Firm, representing Emerson’s family, said the jury “found J&J’s product and corporate conduct directly responsible for the death of Ms. Emerson.” O’Dell added that although the award was smaller than hoped, the family will continue pursuing justice. Furthermore, the family hopes that continued litigation will hold the company accountable for its actions.
Ongoing Litigation Highlights National Talc Controversy
Additionally, more than 67,000 plaintiffs have filed lawsuits against Johnson & Johnson in federal and state courts. Most allege that talc-based products contained asbestos and caused ovarian or other cancers. The company, however, maintains that its products remain safe, asbestos-free, and do not cause cancer.
In 2020, J&J stopped selling talc-based baby powder in the U.S. and switched to a cornstarch-based formula. Meanwhile, the company attempted to resolve the litigation through bankruptcy, but courts rejected its proposals multiple times, most recently in April last year. Consequently, many cases resumed once the bankruptcy-related pause ended.
Following this, new trials have moved forward. In December, a California jury awarded $40 million to two women in a similar case. Several state court trials are scheduled in the coming months. Moreover, federal court trials could begin this year after a judge allowed expert testimony linking talc to ovarian cancer.
Johnson & Johnson’s talc litigation has a turbulent history. Some juries awarded verdicts as high as $4.69 billion, while others overturned or reduced awards. Most cases involve ovarian cancer, with fewer alleging mesothelioma. Furthermore, the company has not yet reached a nationwide settlement, leaving many claims unresolved.
