After days of testimony, a Florida jury declared itself hopelessly deadlocked as to whether Johnson & Johnson’s Baby Powder was at fault for a Miami anesthesiologist’s death. The judge declared a mistrial and the case will be scheduled for a new trial shortly.
Florida Peritoneal Cancer Claim Follows Those Filed by Mesothelioma Victims
The case was filed by widower Bob Sugarman seeking compensation for the peritoneal cancer death of his wife, Dr. Marilyn Seskin. Like many mesothelioma and ovarian cancer victims, Mr. Sugarman accused the company’s popular product of being contaminated with asbestos and causing his wife’s fatal illness.
Johnson & Johnson has been named in over 50,000 negligence and product liability claims filed by people diagnosed with malignant mesothelioma, ovarian cancer, and other asbestos-related diseases. The company is accused of continuing to sell and market its talc-based product despite knowing of the dangers that it posed. Juries have given victims millions of dollars in compensation and the company has begun to quietly settle claims out of court.
Jury in Asbestos J&J Lawsuit Calls Itself “Hopelessly Deadlocked”
The Florida jury was told by Sugarman’s attorneys that despite having been told in 1971 that scientists had found talc in tissue samples of ovarian cancer, Johnson & Johnson had denied any link between its product and ovarian cancer, mesothelioma, or any other cancer. Instead, the company cast doubt on the research and fought regulation. For its part, Johnson & Johnson argued that there is no medical consensus on whether its product carries risk and that its product is safe.
Faced with conflicting testimony, the jury first sent the judge a note that it was deadlocked, and after the judge issued a directive urging them to come to an agreement, they responded the same day with a note saying, “We are hopelessly deadlocked with absolutely, positively no way to resolve it.” After declaring a mistrial, the judge ordered both sides to set a new trial date.
If you or someone you love has been diagnosed with mesothelioma, ovarian cancer, or any other asbestos-related disease, the Patient Advocates at Mesothelioma.net can provide you with the guidance you need. Contact us today at 1-800-692-8608.
