In early 2017, Johnson & Johnson continues, unsuccessfully, to deter and avoid trials holding it accountable for the carcinogenic properties of its products containing talcum powder, such as its talc-based Baby Powder and Shower to Shower Absorbent Body Powder®. When used for feminine hygiene, the particles of the mineral talc in these products travel up… Read more →
When we use a consumer product, we believe that its designers, manufacturers, and distributors have made sure the product is safe. Unfortunately, manufacturing flaws and other problems can result in consumer product-related injuries. While no product is completely safe, parties in the production and distribution “chain” have a duty to convey to consumers all possible risks associated with their product. If a responsible party fails to make a safe product and convey possible risks to consumers, they can be held culpable in a product liability lawsuit.
Approximately one-half of all emergency room visits are made by consumers who have been injured by a consumer product. A variety of products can cause consumer injuries, including medical devices, pharmaceutical drugs, toxic materials, industrial products, food, drinks, tobacco, baby products, airplanes, automobiles, and much more.
Any party in the production or distribution “chain” can be held liable in a product liability lawsuit. This includes the product’s designer, maker, wholesaler, distributor, retailer, or repairer. There are three main legal arguments used in product liability cases to establish culpability for a consumer’s product injury-related losses and suffering. These are negligence, breech of contract, and strict liability.
Under negligence, a party can be held responsible for consumer product injuries if they failed to do fulfill a duty in the making or marketing of the product. Under breech of warranty, the injured consumer may argue the manufacturer violated some explicit or implicit agreement with the consumer. In the case of strict liability, the injured consumer only has to show that the product was the proximate cause of their injuries. Even if the maker took every precaution to ensure their product was safe, they can still be held responsible under strict liability.
In most product liability cases, the injured party must show that the product was reasonably dangerous or somehow failed to meet consumer expectations. To deem a product reasonably dangerous, its risks typically must outweigh its intended benefits. When a product is more of a risk than a benefit to consumers, it can be considered defective.
If a defective product has seriously injured you or someone you love, you may be eligible to seek compensation for your losses and suffering in a product liability lawsuit. Please contact a qualified product liability attorney to help protect your interests in a product liability case.
Monsanto, the producers of Roundup®, continues persistent attacks and attempts at intimidation directed towards the highly accredited International Agency for Research on Cancer (IARC) scientists, who found the glyphosate in Roundup® to be dangerous to human health. The IARC of the World Health Organization (WHO) classified glyphosate a Group 2A probable human carcinogen in 2015,… Read more →
A Plaintiff has moved for a preference (expedited) trial in Los Angeles County Superior Court in JCCP 4872. JCCP 4872 is the consolidated litigation against Johnson & Johnson relating to the carcinogenic properties of its products containing talcum powder and the motion was filed due to the Plaintiff’s terminal ovarian cancer. Preference motions are routinely… Read more →
The Environmental Protection Agency (EPA) has delayed holding hearings relating to the carcinogenicity of glyphosate for two months. Now, December 13 through the 16, 2016, after a public comment period, a Federal Insecticide, Fungicide and Rodenticide Act Scientific Advisory Panel will advise the EPA on how to evaluate relevant data and make a carcinogenic risk… Read more →
On October 27, 2016, in St. Louis, Missouri, Johnson & Johnson was defeated in the third consecutive trial regarding the carcinogenic properties of its hygiene products containing talcum powder. A $67.5 million jury verdict was handed down in this case to ovarian cancer victim Deborah Giannecchini, who used Johnson & Johnson’s Baby Powder and Shower… Read more →
Miller Appointed to MDL Leadership On November 16 of 2016, Michael Miller of The Miller Firm, LLC, Robin Greenwald of Weitz & Luxenberg, PC, and Aimee Wagstaff of Andrus Wagstaff, PC were appointed Plaintiffs’ Co-Lead Counsel and chairs of the Executive Committee for the Monsanto Roundup® Multidistrict Litigation (MDL). U.S. District Judge Vince Chhabria of… Read more →
The third verdict in cases linking Johnson & Johnson’s talcum baby powder products to ovarian cancer has awarded over $70 million to a long term Johnson & Johnson customer from California with ovarian cancer. Before this St. Louis jury arrived at a verdict, the first two cases against Johnson & Johnson in St. Louis resulted in… Read more →
Monsanto Attacks EPA and WHO Scientists The Monsanto company is intensifying their ongoing attempts to avoid responsibility for the serious health dangers of their herbicide, Roundup®, and its key ingredient, glyphosate. Glyphosate has been labeled a “probable human carcinogen” by the International Agency for Research on Cancer (IARC), a part of the World Health Organization… Read more →
The third lawsuit seeking to hold Johnson & Johnson accountable for concealing the ovarian cancer risks of its feminine hygiene products containing talcum powder has begun. A Missouri state court jury heard the opening statements on October 4, 2016. The plaintiff, who used talcum powder products on her genitals throughout her adulthood, was diagnosed in… Read more →
“Just a sprinkle a day helps keep odor away…” Johnson & Johnson has used this slogan in marketing Shower to Shower Absorbent Body Powder for years. And it has worked. For countless women, a dusting of talcum powder is a part of their daily feminine hygiene routine.
But this lightly scented body care product poses a significant health risk to women, particularly with steady use over long periods of time. Lurking within the smooth, white powder are microscopic mineral particles that can travel from a woman’s external genital area through the vagina, uterus, and fallopian tubes and into the ovaries. There, the particles embed in tissue and cause inflammation that leads to cancer.
Roundup and non-Hodgkins Lymphoma Roundup / Glyphosate Lawsuit The Miller Firm is pursuing cases against the makers of Roundup and other herbicides containing glyphosate. Roundup is the most widely used herbicide in the world, and its active ingredient glyphosate has been represented to farmers and the public as safe for humans. However, independent scientists have… Read more →
GM Recall: 1.3 Million Owners of General Motors Chevys, Pontiacs and Saturns May Receive Compensation! On March 13, 2014, the Center for Auto Safety announced the results of a study examining vehicle crash and fatality statistics maintained by the National Highway Traffic Safety Administration for two vehicles manufactured by General Motors (GM). The study revealed… Read more →