Talc cancer Johnson & Johnson: on appeal the judges deny her compensation

Fedaisf editorial staff

October 22, 2017

She has always maintained that she was ill with cancer for using Johnson & Johnson baby powder. An American Court of Appeal, however, did not recognize a maxi compensation. We are in the US. A woman was certain that her ovarian cancer was due to Johnson & Johnson's famous white powder and asked for compensation: 417 million dollars. The US judges, surprisingly, froze the lady's lawyer. In essence, the Court rejected the request for compensation for a formality: the jurors, in the first instance, would have made many mistakes. In the first instance, the magistrates had agreed with the lady, recognizing her the substantial compensation. On appeal, however, the cold shower arrived. According to the second instance judges, there would be no evidence of the 'malice' of Johnson & Johnson, so the amount requested would be excessive. The patient's attorney Eva Echeverria (among other things, she died from the bad illness) has promised that she will challenge the decision of the appeal judges. 'We will continue to fight in the name of all women who have been harmed by this dangerous product', explained the defender of Echeverria.

Talc used for decades

Justice has denied a maxi compensation to a woman who had fallen ill with cancer probably due to use of Johnson & Johnson talc. Eva Echeverria believed that the American giant that makes medicines and personal care goods should have inform consumers of the dangers deriving from the continued use of its talc. The lady had taken care of her intimate hygiene with this product from the 50s until 2016. Nel 2007 she had been diagnosed with ovarian cancer.

The lawyer for the now deceased patient claims that Johnson & Johnson had been aware of the oncogenic nature of its product for about thirty years, without ever informing customers.

According to the judge Maren Nelsonof the Los Angeles County Superior Court, the judges erred in the first instance, as there was insufficient evidence of Johnson & Johnson's dishonest intent. The compensation requested, therefore, would be excessive. Yet a lady who used American society's talcum powder every day for several decades died of a bad tumor, ovarian cancer.

Johnson & Johnson satisfaction

Carol Goodrich, a spokesperson for Johnson & Johnson, said she was happy with the decision taken by the American appeal judges: 'Ovarian cancer is a devastating disease but it is certainly not caused by the substances used for decades to make Johnson's Baby Powder.'

In addition to Echeverria, many people have taken legal action against the American multinational and often the latter ended up with its back against the wall, having to shell out a lot of money to cancer patients or their families. Last Tuesday, for example, a Missouri court awarded a compensation of 72 million dollars to the relatives of a woman who died of cancer who had used Johnson & Johnson products for a long time.

Mark Robinson, Eva Echeverria's lawyer, said a few months ago: 'Mrs Echeverria is dying of ovarian cancer. She told me she just wanted to help other women with ovarian cancer who have used Johnson & Johnson products for 20 or 30 years. The lady is not looking for sympathy, she just wants to send a message to help other women'.

ZZ7 – | 22 ottobre 2017 – By Editorial board

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