Five years after a Georgia jury delivered a win to Johnson & Johnson in a case filed by the daughter of a cervical cancer victim, a Georgia Court of Appeals panel has unanimously upheld a trial judge’s decision to grant a new trial. The decision offers new hope to the woman’s family, as well as to ovarian cancer and mesothelioma victims who want to see justice for the thousands who blame their illnesses on the company’s product.
Asbestos in Baby Powder Linked to Mesothelioma, Ovarian Cancer, and Other Cancers
Much like the claims filed by thousands of mesothelioma and ovarian cancer victims, the Georgia lawsuit accuses Johnson & Johnson of negligence in failing to warn about asbestos contamination in its talcum powder. It was brought by Charvette E. Monroe as executor of her mother’s estate after Margie G. Evans died from cervical cancer in 2018 after using Johnson & Johnson baby powder for 56 years.
After a nearly month-long trial in October 2021, the jury found in favor of Johnson & Johnson, agreeing with the company’s experts that there was no definitive link between talcum and any cancer. Days later, J&J filed its first Texas Two-Step bankruptcy petition seeking protection from ovarian cancer and mesothelioma claims. The filing imposed an injunction halting all post-trial proceedings. After that petition was dismissed, Judge Patricia Booker granted a new trial, concluding the jury’s defense verdict was “strongly and decidedly against the weight of the evidence.” But as the clerk was preparing the record for appeal, J&J directed the filing of a third bankruptcy petition, again halting proceedings. It wasn’t until that petition was also denied that the injunction was lifted and the appeal could finally proceed.
Appeals Panel Grants Retrial to Cervical Cancer Victim’s Survivors
Upon review of the evidence and court records, including multiple experts’ testimony about the link between asbestos, mesothelioma, and ovarian cancer, the appeals panel rejected J&J’s argument that the verdict should stand. The judges wrote, “Given the conflicting evidence in this case, and construing the evidence and all reasonable deductions and inferences therefrom most strongly in favor of the plaintiff, the evidence does not demand a verdict for Johnson & Johnson.” Margie Evans’ family will finally get a second chance for justice.
If you or someone you love has been diagnosed with mesothelioma, ovarian cancer, or another form of cancer you believe was caused by asbestos, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
