LOS ANGELES (WTVD) — A judge on Friday tossed out a $417 million jury award to a woman who claimed she developed ovarian cancer by using Johnson & Johnson talc-based baby powder for feminine hygiene.
Los Angeles County Superior Court Judge Maren Nelson granted the company’s request for a new trial, saying there were errors and jury misconduct in the previous trial that ended with the award two months ago.
Nelson also ruled that there wasn’t convincing evidence that Johnson & Johnson acted with malice and the award for damages was excessive.
The decision will be appealed even though Eva Echeverria has died, said her attorney, Mark Robinson Jr.
“We will continue to fight on behalf of all women who have been impacted by this dangerous product,” he said in a statement.
Echeverria alleged Johnson & Johnson failed to adequately warn consumers about talcum powder’s potential cancer risks. She used the company’s baby powder on a daily basis beginning in the 1950s until 2016 and was diagnosed with ovarian cancer in 2007, according to court papers.
Echeverria developed ovarian cancer as a “proximate result of the unreasonably dangerous and defective nature of talcum powder,” she said in her lawsuit.