A Philadelphia jury began hearing testimony this week in a lawsuit alleging that Johnson & Johnson’s asbestos-contaminated talcum powder caused a woman’s fatal ovarian cancer. This second talc trial in the city is one of thousands of ovarian cancer and mesothelioma lawsuits being filed against the consumer giant, accusing its talc products of being contaminated with asbestos.
Mesothelioma-Style Asbestos Contamination Allegations Central to Talc Case
The ongoing Philadelphia lawsuit centers on the death of Gayle Emerson, whose claims against Johnson & Johnson echo those of others diagnosed with both ovarian cancer and mesothelioma. Emerson, a Philadelphia tax preparer, had used Johnson & Johnson’s baby powder daily from 1969 until 2017, when she was diagnosed with ovarian cancer. Emerson died after filing her lawsuit, but left video testimony that jurors will view during the trial. Her daughter, Wendy, attended opening statements in the trial, and her son, Aaron, will testify during proceedings.
There are nearly 70,000 mesothelioma and ovarian cancer cases pending against the company, with victims and their survivors alleging that it concealed asbestos contamination in its talc-based products for decades. The attorney representing Mrs. Emerson’s family told the Philadelphia County Court of Common Pleas jury that Johnson & Johnson kept a “dirty secret” from consumers and regulators: that the talc that the company sourced for its products was mined from talc mines in Vermont, Italy, and China that were cross-contaminated with asbestos, and saying, “They knew it, they concealed it, and that’s why we’re here.”
Johnson & Johnson Argues Against Mesothelioma and Ovarian Cancer Claims
In defending itself to the jury in the ovarian cancer case, Johnson & Johnson used the same tactics seen in recent mesothelioma litigation, arguing alternative causation and questioning the link between asbestos-containing products and disease. The company’s attorney told jurors that Mrs. Emerson’s cancer was more likely caused by age, obesity, and douching rather than asbestos-contaminated talc, arguing that asbestos fibers don’t migrate from genital application to the ovaries and emphasizing Emerson’s medical history, including a 1975 ovarian cystectomy and 1985 hysterectomy.
The three-week trial being heard before Judge Sean Kennedy represents Philadelphia’s second talc ovarian cancer case against Johnson & Johnson, following a 2021 defense verdict. Since then, the company has been less successful in its defenses and has unsuccessfully filed for bankruptcy three times. Though that maneuver halted litigation, cases are now being heard again, and many have ended with significant verdicts for victims.
If you or someone you love has been diagnosed with mesothelioma or ovarian cancer, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
