Court: J&J not responsible for woman’s cancer

Gabrielle Saulsbery//September 24, 2021

Court: J&J not responsible for woman’s cancer

Gabrielle Saulsbery//September 24, 2021

Johnson & Johnson isn’t responsible for a woman’s cancer, jurors at the Philadelphia Court of Common Pleas found Sept. 24.

“After careful consideration of the science and facts presented at trial, another jury unanimously agreed that Johnson’s Baby Powder is safe and does not cause cancer,” Johnson & Johnson said in a statement on the verdict.

“Despite the lack of any scientific evidence to support their claims, the plaintiff trial bar continues to push forward with its misinformation campaign to drive baseless and inflammatory headlines in the hopes they can force a resolution of these cases. The claims by these lawyers are unfounded and it is clear the only interest they have is their own financial gain,” Johnson & Johnson’s statement said.

Johnson & Johnson's baby powder
Johnson’s Baby Powder – JOHNSON & JOHNSON

Plaintiff Ellen Kleiner is represented by Beasley Allen Principal Leigh O’Dell, who is based in Montgomery, Ala.

“This trial and venue presented a number of issues that we believe will clearly support an appeal of this decision,” said O’Dell in an emailed statement, as reported by Law360.

“We appreciate the service of this jury during difficult circumstances, and look forward to returning to Philadelphia in the coming months with another client and claim. Through the current trial in Missouri, other scheduled trials in state court, as well as federal multidistrict litigation we will continue to demonstrate the tragic consequences for these families and the negligence of J&J,” O’Dell said in her statement.

Since Kleiner filed suit in the Philadelphia Court of Common Pleas in 2017, the New Brunswick-based pharmaceutical and consumer products company attempted three times to remove the case to federal court, most recently in August, saying that the plaintiff acted in bad faith when dismissing Rite Aid from the case, thus removing it from federal jurisdiction before jury selection for the trial could occur.

The case stayed in the Philadelphia Court of Common Pleas, and Judge Charles Cunningham barred J&J from mentioning Rite Aid and other previous defendants.

James Smith of Blank Rome in Philadelphia was lead attorney for the defense. Chanda Miller and other attorneys with Faegre Drinker Biddle & Reath in Philadelphia also represented J&J.

Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck’s Nancy Winkler in Phialdelphia and Beasley Allen attorneys represented the plaintiff.