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$417 M Verdict Against J & J Overturned-Does Talc Powder Cause Ovarian Cancer?

On October 23, 2017 a California Judge sided with Johnson & Johnson who was hit with a $70,000,000 compensatory damage award and $347,000,000 punitive damage award in favor of a woman who developed ovarian cancer. A new trial has been ordered. The plaintiff explained that she had been using the J & J talc based baby powder for over 50 years until she stopped using it in 2016 when she read about the association between talcum powder and ovarian cancer. J & J is looking at 4800 talcum powder lawsuits nationwide, and has lost 4 of 5 trials so far. A jury verdict of $72,000,000 in Missouri involving a similar claim against J & J, was also overturned, but solely on the ground that the lawsuit should not have been prosecuted in Missouri.

The Court tossed the $417M verdict finding "insufficiency of evidence" as to whether the talcum powder caused the plaintiff's ovarian cancer. The Court described "an ongoing debate in the scientific and medical community" on whether talc usage may cause ovarian cancer. However, some talcum based powders carry a warning label that discloses the possible risk of ovarian cancer after regular use of the product in the female genital area. Moreover, the possible link was discussed in a 1971 study that reported a finding of talc particles in ovarian tumors. Of course, there were scientific debates (for decades) on whether cigarette smoking causes cancer. Jury trials which held the tobacco cartel liable certainly helped advance the cause of safety. This Judge's decision will surely be appealed. For more information, click the link below.

Products Liability

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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