Civil trial to begin soon in Sarasota against Johnson & Johnson. Here's what we know
CORRECTION: This article has been updated to reflect that Publix Supermarkets Inc. is no longer a defendant in the lawsuit.
A three-week civil trial is set to begin Monday against Johnson & Johnson brought by the family of a Sarasota County woman who died in 2019 from ovarian cancer believed to be linked to talc-based baby powder.
The 14-count product-liability lawsuit against the New Jersey-based company was filed in September 2018 and updated following Patricia Matthey's death in November 2019. Phillippe Matthey, on behalf of his mother's estate, is seeking more than $30,000 against each defendant in terms of loss of earnings, loss of support, and medical and funeral expenses.
The lawsuit against the pharmaceutical and medical technology company was brought after Patricia Matthey was diagnosed with ovarian cancer in August 2016, and after having used Johnson & Johnson's baby powder for more than 50 years, according to the complaint. The complaint cites multiple case studies that link talc-based baby powder to an increased risk of ovarian cancer.
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However, scientific studies linking talc-based baby powder and ovarian cancer have been varied.
Some findings as far back as the 1970s, including the ones listed in the complaint, find that there is a connection, while others like a 2020 Journal of the American Medical Association study that included more than 250,000 women found no significant link between the use of the powder in the genital area and a risk of ovarian cancer.
This is not the first lawsuit against the company to arise in recent years, with Reuters reporting that there are more than 53,000 lawsuits that the company is facing.
The trial is "only the second trial involving talc and ovarian cancer claims conducted since 2021," according to an email from Androvett Legal Media & Marketing. A trial in Miami with similar claims ended in a mistrial earlier in March and is scheduled to be re-tried in August, according to the email.
Following the mistrial, Johnson & Johnson released a statement that its baby powder "is safe, does not contain asbestos, and does not cause cancer." The statement also indicated that Johnson & Johnson has prevailed in 15 of 16 similar lawsuits.
What we know about the lawsuit in Sarasota County
The Sarasota County lawsuit claims the defendants failed to warn consumers, including Patricia Matthey, that using the talcum powder-based product on certain parts of the body "significantly increases the risk of ovarian cancer."
Talcum, or talc, is a soft, naturally occurring mineral mainly made up of magnesium, silicon and oxygen, and is often found in mines with asbestos. Powdered talc is often combined with cornstarch to help absorb moisture and is used in baby powders and other adult body powders.
The 70-page amended complaint further states that the product was defective due to inadequate post-marketing warnings and instructions on the product container that didn't warn of the risk of applying the product to certain parts of the body.
"Since Johnson's Baby Powder introduction, Johnson & Johnson Defendants have consistently marketed it for use on women to maintain freshness and cleanliness," the complaint states. "Historically, the Baby Powder label and advertising encouraged women to dust themselves with Baby Powder daily to mask odors."
In addition, the complaint points out that nowhere on Johnson & Johnson's website does it list ovarian cancer as a possible side effect of the powder.
Included in the lawsuit is a list of multiple studies and research done as early as 1961 through 2016 which appear to link talc-based powders and ovarian cancer, with a study in 1971 being the first study to suggest the connection. More scientific evidence continued to build over time that supported the first studies with one National Institutes of Health study finding "a statistically significant 92% increased risk in ovarian cancer with women who reported genital talc use."
Between 1965 through August 2016, Patricia Matthey purchased and used the baby powder daily with the instructions that accompanied the product, according to the lawsuit.
In 2016, Patricia Matthey was diagnosed with ovarian cancer, forced to undergo several procedures including a complete abdominal hysterectomy and treatment for the cancer. Three years after being diagnosed, Patricia Matthey died.
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What are the 14 counts listed in the complaint
The complaint lists 14 counts, or reasons, why the lawsuit is being brought against Johnson & Johnson with several focusing on product liability, negligence, and a breach of warranty. The lawsuit initially also listed Publix Super Markets Inc. as a defendant, however, they are no longer a part of the lawsuit.
Strict Liability — Failure to warn as to all defendants
Strict Product Liability — Defective design as to Johnson & Johnson defendants
Negligence as to Johnson & Johnson defendants
Negligence as to Publix
Gross negligence as to all defendants
Breach of express warranty as to Johnson & Johnson defendants
Breach of implied warranty as to Johnson & Johnson defendants
Strict seller liability — Publix
Concert of action as to Johnson & Johnson defendants
Civil conspiracy as to Johnson & Johnson defendants
Negligent misrepresentation as to Johnson & Johnson defendants
Fraudulent misrepresentation and omission as to Johnson & Johnson defendants
Fraudulent concealment as to Johnson & Johnson defendants
Violation of Florida's Deceptive and Unfair Trade Practices Act
What we know about prior lawsuits
This is not the first lawsuit against Johnson & Johnson stemming from claims that its talc-based baby powder was linked to cancer.
In 2021, a lawsuit filed on behalf of the National Council of Negro Women accused the company of marketing its talcum-based baby powder to Black women amid similar concerns.
Johnson & Johnson previously offered to pay almost $9 billion to settle product-liability lawsuits after its subsidiary LTL Management, which is also a defendant in the current case, re-filed for Chapter 11 bankruptcy protection in April 2023. Its initial bankruptcy claim in 2021 prompted Johnson & Johnson to commit $2 billion to resolve claims.
On Johnson & Johnson's website, a page dedicated to informing consumers about "The Talc Lawsuits" explains the company decided in October 2021 to resolve the lawsuits reasonably for all involved, including current and future legal claims in the US.
Where does a recent federal judge's ruling leave the Sarasota civil case?
A federal judge on Wednesday ruled that Johnson & Johnson would be able to contest scientific evidence linking talc to ovarian cancer after finding the need to review recent changes in law and new scientific evidence.
U.S. District Judge Michael Shipp's decision could potentially disrupt the more than 53,000 lawsuits the company is facing, according to Reuters.
Sarasota court records updated on Thursday reveal that the trial in Sarasota County is set to move forward despite the federal ruling. Opening statements are scheduled to begin Monday morning in the Judge Lynn N. Silvertooth Judicial Center.
A statement on Johnson & Johnson's website attributed to Erik Haas, Worldwide Vice President of Litigation, following the decision said it is time to shine a judicial spotlight on the methodologies of the studies that have been cited as linking the talc-based powder to cancer.
"The Court correctly recognized the exigent need to reexamine the 'junk science' the mass tort plaintiffs bar has funded to fuel the baseless talc claims against Johnson & Johnson," Haas said. "The appellate courts of this and other States have recently and repeatedly rejected as flawed and fabricated the opinions of the purported 'experts' bought and paid for by the plaintiff's bar, and the evidence recently revealed has shown the opinions were deliberately designed to defame and deceive."
Is talcum baby powder discontinued?
As of 2020, Johnson & Johnson announced it would stop selling talc-based baby powder in the U.S. and Canada.
In August 2022, the company announced plans to pull baby powder products containing talc from store shelves worldwide amid the thousands of lawsuits that claimed it caused cancer.
The company said the talc would be replaced with cornstarch.
Read more coverage
Amid cancer lawsuits: Johnson & Johnson to end sales of talc baby powder globally next year amid cancer lawsuits
Keep reading: Johnson & Johnson will stop selling talc-based Johnson's Baby Powder
Study: No strong link between baby powder and cancer, study finds
In 2020: Appeals court reduces Johnson & Johnson baby powder verdict to $2.1 billion, but censures company
In 2019: Johnson & Johnson recalls baby powder after discovering small amounts of asbestos
Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on X: @GabrielaSzyman3.
This article originally appeared on Sarasota Herald-Tribune: Product-liability trial to start in Sarasota against Johnson & Johnson
