Southern California Injury Lawyer Blog
Over the past several years, significant evidence has come to light that there is likely a link between talc-based hygiene products and ovarian cancer. Indeed, manufacturing giant Johnson & Johnson is currently facing almost 5,000 lawsuits brought by women who have developed various types of cancer after years of consistent use of the company’s talc-based baby powder product.
In fact, according to a recent news report, just a few months ago, a jury issued a substantial verdict in a California product liability lawsuit brought against Johnson & Johnson by a woman who claimed that she developed ovarian cancer after using Johnson & Johnson baby powder. The plaintiff’s claim was not just that Johnson & Johnson products caused her cancer, but also that the company failed to warn consumers about the risks that were known to the company. The verdict – totaling $417 million – consisted of $70 million in compensatory damages and an additional $37 million in punitive damages.
Prior Product Liability Cases Involving Talc-Based Baby Powder
The above-mentioned verdict is one of several that have recently been handed down finding Johnson & Johnson liable for failing to warn consumers of the dangers involved with the use of its baby powder products. Until this most recent verdict, the largest award amount was $110 million. The extent to which Johnson & Johnson will be liable in the nearly 5,000 pending cases remains to be seen.
Product Liability Cases in California
California courts recognize several types of product liability claims, including design defect, manufacturing defect, and failure to warn. Design defect claims are appropriate when a product was correctly manufactured according to its design but is dangerous nonetheless. Manufacturing defect claims involve products that, if perfectly manufactured, may be safe but are dangerous due to a problem in the manufacturing process. Finally, failure-to-warn cases are based on a company’s failure to warn consumers of a known risk.
Many product liability claims proceed under the theory of strict liability, meaning that the injured party does not need to show that the manufacturer was negligent in any way. However, California product liability law is very complex, with various standards that may apply depending on the specific allegations. Additionally, in many cases, expert witness testimony may be needed to establish certain elements of a plaintiff’s claim.
Have You Been Injured by a Dangerous Product?
If you or a loved one has recently been injured while using a dangerous product, you may be entitled to monetary compensation through a California personal injury lawsuit. The dedicated California personal injury attorneys at Sharifi Firm have extensive experience assisting victims with seeking the compensation they need and deserve. We understand the nuances of California product liability law, and we put our knowledge and experience behind every one of our clients’ cases. To learn more about how we may be able to help you recover compensation for your injuries, call 800-422-7222 to schedule a free consultation with a dedicated Southern California personal injury attorney.
More Blog Posts:
Off-Duty Los Angeles Police Officer Arrested after Fatal DUI Accident, Southern California Injury Lawyer Blog, October 5, 2017
California Court Reverses Summary Judgment in Favor of Employer When Inference Could be Drawn that Employee Was Within Scope of Employment at Time Plaintiff was Injured, Southern California Injury Lawyer Blog, September 28, 2017