June 17, 2021

The United States Supreme Court has rejected an appeal from J & J seeking to undo a $2.1 billion award over allegations asbestos in its talc powder products, including baby powder, caused women to develop ovarian cancer. The court announced in their order, without any noted dissent that it will not hear the case. Justices Alito and Kavanaugh recused themselves from consideration of the case.

 

Johnson & Johnson asked the court to review the penalty against it after the amount was upheld by the Missouri Supreme Court last year. A Missouri state appeals court previously reduced the penalty against Johnson & Johnson from more than $4 billion.

The dispute featured former acting solicitor general Neal Katyal arguing on behalf of Johnson & Johnson and Ken Starr, the former Whitewater prosecutor, representing women with ovarian cancer who sued the company.

 

Johnson & Johnson stopped selling their talc-based baby powder in the United States and Canada in May 2020, citing reduced demand “fueled by misinformation around the safety of the product and a constant barrage of litigation advertising.” The company faced in excess of 21,000 lawsuits over its talc products. Plaintiff’s attorney Ken Starr

wrote in his brief urging the justices not to review the case that Johnson & Johnson “knew for decades that their talc powders contained asbestos, a highly carcinogenic substance with no known safe exposure level. They could have protected customers by switching from talc to cornstarch, as their own scientists proposed as early as 1973. But talc was cheaper and petitioners were unwilling to sacrifice profits for a safer product,” he wrote.

 

Defense attorney Neal Katyal argued “federal regulators and respected health organizations have rejected calls for warnings on talc, and comprehensive epidemiological studies tracking tens of thousands of talc users have found no meaningful association between cosmetic talc use and ovarian cancer.” Katyal said attorneys for the victims searched the country “for women who were both diagnosed with ovarian cancer and among the millions who used Petitioners’ talc products.”

“They put dozens of plaintiffs on the stand to discuss their experiences with cancer, and the jury awards billions of dollars in punitive damages supposedly to punish Petitioners,” he wrote.

We represent people who are injured because of the careless and reckless acts of others.  At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when insurance companies fail to offer full compensation. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people.. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We would be honored to represent you!

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INSURANCE COMPANIES KNOW US BECAUSE THEY’VE PAID OUR CLIENTS OVER $130 MILLION DOLLARS.

$2.9

MILLION

CAR ACCIDENT INJURY

Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012

$300

THOUSAND

HAIR SALON INJURY

Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.

$500

THOUSAND

SLIP & FALL INJURY

Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.

$300

THOUSAND

NEGLIGENCE INJURY

On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.

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