First Georgia Talcum Powder Trial Against Johnson & Johnson Ends in Mistrial
On its third day of deliberations, the jury was deadlocked 10 to 2 in favor of the plaintiff, said one of the lawyers for Diane Brower's family. The trial alleged Johnson & Johnson's baby powder caused Brower's 2016 death from ovarian cancer.
October 08, 2019 at 05:06 PM
3 minute read
The first talcum powder trial in Georgia ended in a mistrial on Tuesday after the jury was deadlocked 10 to 2.
On its third day of deliberations, a jury in Fulton County State Court failed to reach a verdict in a case alleging Johnson & Johnson's talcum powder products caused a woman to die of ovarian cancer in 2016. Juries in Georgia have to reach unanimous verdicts in civil cases.
In a statement, plaintiffs attorney Ted Meadows of Beasley, Allen, Crow, Methvin, Portis & Miles in Montgomery, Alabama, called the trial's conclusion "unfortunate."
"The parties were told that the jury was divided 10-2 in favor of the plaintiff," he wrote. "Scientific studies and internal company documents show the liability of Johnson & Johnson and the link of baby powder use to ovarian cancer. We will continue to move forward with these important claims on behalf of ovarian cancer victims in venues across the nation."
Johnson & Johnson spokeswoman Jennifer Taylor wrote in a statement: "We sympathize with anyone suffering from cancer, and we understand patients and their families are seeking answers. We are grateful to the jury for their time and believe this outcome reflects the diligent review by the jurors of the facts in this case. We look forward to a new trial to present our defense, which rests on decades of independent, non-litigation driven scientific evaluations, none of which have found that Johnson's baby powder causes cancer."
Meadows and Allen Smith, of The Smith Law Firm in Ridgeland, Mississippi, represented the granddaughter and estate of Diane Brower, who claimed to have applied Johnson & Johnson's talcum powder products on her vaginal area for more than 15 years before stopping around 1980.
The trial began on Sept. 12. In closing arguments last week, Smith asked the jury to award more than $700,000 in lost wages and $1.3 million in medical bills, plus noneconomic damages for the 20 years she should have lived. Defense attorney James Smith of Blank Rome in Philadelphia attacked the plaintiffs' experts, calling their theories "junk science."
Meadows paired with Smith on several ovarian cancer trials in Missouri, one of which ended in a $4.7 billion verdict for 22 women last year.
Joining them on the plaintiff's team were Beasley Allen shareholders Leigh O'Dell, who is co-lead plaintiffs' counsel in the related multidistrict litigation against Johnson & Johnson in New Jersey, and Sharon Zinns and Robert Register, both of the Atlanta office. Jack Dodson of Nashville's Dickinson Wright, and Alexander Denton of Atlanta's The Robbins Firm, also worked on the case.
The defense team also included Sidley Austin's Debra Pole and Eric Schwartz, both in Los Angeles; Mark Hegarty at Shook, Hardy & Bacon in Kansas City, Missouri; and Thompson Hine's Z. Ileana Martinez and Leslie Suson, both in Atlanta. Pole, Smith and Hegarty have faced off against the same plaintiffs team before in Missouri talc trials.
Mistrials have been common in related cases alleging Johnson & Johnson's baby powder caused mesothelioma, while ovarian cancer cases have largely ended in substantial verdict awards, some of which have been reversed.
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