Articles Posted in Defective Products

In January of this year, yet another hernia mesh lawsuit was filed against Johnson & Johnson and its subsidiary, Ethicon. The lawsuit was filed by Sharon Smith, in the U.S. District Court for the Central District of California.

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In 2012, Smith’s surgeon repaired her hernia with Ethicon’s Flexible Composite Physiomesh. Unfortunately, the surgical area did not heal well, and Smith says she was in constant pain for the next five years.

During that time, Smith’s quality of life, as well as her financial situation and her relationships, steadily deteriorated. Finally, in 2017, her doctor determined the surgical mesh (Physiomesh) used in the hernia repair was at fault. The U.S. District Court for the Northern District of Georgia already has a number of hernia mesh cases in multidistrict litigation, with plaintiffs alleging harm from the mesh, including:

Many people believe an MDL lawsuit is essentially the same as a class action lawsuit—a group of injured people who get together and sue the company or manufacturer of the product which caused their injuries.

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While this is true to some extent, there are some major—and very important—differences between and MDL lawsuit and a class action lawsuit.

Perhaps the primary difference between an MDL lawsuit and a class action lawsuit, is that a class action lawsuit is essentially one lawsuit with a single outcome. If the class action lawsuit is successful, the settlement amount is split between the plaintiffs, after attorney fees and other costs are deducted.

Pharmaceutical giant, Johnson & Johnson, along with its subsidiary, Ethicon, was recently hit with a $15 million verdict after a woman filed a lawsuit which claimed her chronic, severe pain was the result of J & J’s defectively designed pelvic mesh implant.

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Elizabeth Hrymoc was awarded $4 million in compensatory damages, and $10 million in punitive damages, while her husband received $1 million in compensatory damages. The Bergen County, New Jersey jury deliberated for most of one day after three weeks of testimony, arguments and evidence presented by both sides. There are currently almost 9000 pending pelvic mesh lawsuits, and the Hrymoc case was only the second one to make it to trial.

Hrymoc was implanted in 2008 with Ethicon’s Prolift and TVT-O brand mesh devices as a treatment for pelvic organ prolapse and stress urinary incontinence—common conditions in women who have gone through menopause. Hrymoc, 71, claims the mesh devices left her in almost constant pain. Although Hrymoc has subsequently undergone multiple surgical procedures, the surgeons have found it impossible to fully remove the mesh, as it has eroded into surrounding tissues. Ethicon continues to maintain their pelvic mesh is perfectly safe, and that without the mesh, women with similar medical issues as Hrymoc would have been forced to undergo a more invasive type surgical procedure with even greater risks. As expected, Johnson & Johnson will appeal the verdict.

Thousands of women throughout the United States have filed talcum powder lawsuits against Johnson & Johnson. Lawsuits have also been filed in Jackson Mississippi. Talcum powder is a popular cosmetic product that has been used for over a hundred years, so the evidence that shows a link between baby powder and ovarian cancer has generated concerns for women around the world. 

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Johnson & Johnson claims talcum powder is completely safe to use. However, recent research and studies tell a different story. Studies in the 1970s discovered talcum powder particles in ovarian cancer cells and other studies found there was an increased risk of cancer if baby powder was used for feminine hygiene.

So far in the US, thousands of talcum powder lawsuits have been filed against Johnson & Johnson. They claim J&J Baby Powder and/or Shower to Shower talcum powder products increase the risk of ovarian cancer when used for feminine hygiene. They also claim J&J knew the risks but kept them from their consumers. 

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However, how can you prove your ovarian cancer was caused specifically by talcum powder?

In recent years, talcum powder has developed a negative reputation with some studies claiming that talc can cause ovarian cancer when used for feminine hygiene.

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Currently, there are some juries who have decided there is enough evidence to suggest talc was the central factor in developing cancer in three women. When looking for an alternative to talcum powder, many people recommend cornstarch.

As more people in the US are filing claims against Johnson & Johnson, stating the pharmaceutical company failed to warn consumers about the potential risks of talcum powder, there have been discussions whether it’s better for people to join a class action lawsuit or file independently.

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What is a class action lawsuit?

For over a hundred years, talcum powder has been a popular product in many homes throughout the US, and around the world. While the primary use of baby powder is to use it on babies, talc has been used for many other purposes too.

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What is talc powder used for? Here are some of the most common uses of talcum powder:

As more people file talcum powder lawsuits against Johnson & Johnson, concerns continue to grow about the link between using baby powder and ovarian cancer.

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While J&J claim their baby powder is entirely safe, some juries have determined there is enough evidence to suggest J&J were aware of the potential risks of using talcum powder for feminine hygiene and decided not to warn their consumers. To avoid the risks, it’s recommended you use a talcum powder alternative instead, here are some of the most popular baby powder substitutes.