PHILADELPHIA – After almost five weeks of trial, the first talcum powder/cancer trial in Philadelphia has resulted in a jury verdict victory for Johnson & Johnson, defeating claims that its baby powder product led a Bucks County woman to develop ovarian cancer.
The company issued a statement hailing the decision as one which confirmed the safety and efficacy of its talc products.
“After careful consideration of the science and facts presented at trial, another jury unanimously agreed that Johnson’s Baby Powder is safe and does not cause cancer. Despite the lack of any scientific evidence to support their claims, the plaintiff trial bar continues to push forward with its misinformation campaign to drive baseless and inflammatory headlines in the hopes they can force a resolution of these cases. The claims by these lawyers are unfounded and it is clear the only interest they have is their own financial gain,” Johnson & Johnson said.
“We deeply sympathize with anyone suffering from cancer and know they are seeking answers. That’s why the facts are so important – and the facts are that research, clinical evidence and over 40 years of studies by independent medical experts around the world continue to support the safety of cosmetic talc.”
Counsel for plaintiffs Ellen and Yuri Kleiner did not respond to an inquiry for comment from the Pennsylvania Record.
The Kleiners of Richboro, first filed suit in the Philadelphia County Court of Common Pleas on Jan. 18, 2017 versus Rite Aid Corporation and Rite Aid of Pennsylvania, Inc. of Camp Hill, Johnson & Johnson and Johnson & Johnson Consumer, Inc. of New Brunswick, N.J., Imerys Talc America, Inc. of Jefferson City, Mo. and the Personal Care Products Council of Washington, D.C.
(Personal Care Products Council was dismissed as a defendant on Dec. 28, 2017, Imerys Talc America was dismissed as a defendant on Feb. 5, 2019 and Rite Aid was likewise dismissed as a defendant on July 28.)
The Kleiners alleged that they bought J&J’s baby powder product from Rite Aid stores and the product caused Ellen to contract ovarian cancer. Extensive discovery followed, including the plaintiffs taking discovery from Rite Aid and vice-versa. After a delay due to the COVID-19 pandemic and an unsuccessful settlement conference, the five-week trial was set to take place in late July.
U.S. District Court for the Eastern District of Pennsylvania Judge Michael M. Baylson rejected arguments from defense counsel, which postulated that attorneys for the Kleiners acted in bad faith by initially suing Pennsylvania-based Rite Aid in an attempt to keep the case in state court, only to dismiss those claims the day before trial.
After Rite Aid was dismissed from the case on July 28, J&J filed a notice of removal to the U.S. District Court for the Eastern District of Pennsylvania – which led the plaintiffs to counter-file an “emergency” motion to remand on July 30, which J&J also opposed.
Subsequent to telephonic arguments on the motion to remand, Baylson opted to grant the motion and send the case back to the Philadelphia County Court of Common Pleas, finding that the Kleiners’ counsel had not acted in bad faith.
Baylson also ruled against an attempt to consolidate the instant litigation with an MDL case in New Jersey in early August.
The case then came before Philadelphia County Court of Common Pleas Judge Charles Cunningham and trial proceedings began on Aug. 16.
Cunningham instructed the defense to refrain from mentioning the previously-dismissed co-defendants of Rite Aid and Imerys Talc America at trial.
Philadelphia County Court of Common Pleas case 170102505
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-03366
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com