Ga. Talc Co. Asks To Dismiss Strict Liability Cancer Claim

Ga. Talc Co. Asks To Dismiss Strict Liability Cancer Claim

Introduction

Johnson & Johnson (J&J) talcum powder manufacturer PTI Royston LLC has asked the Georgia Court of Appeals to dismiss strict liability claims that allege the powder caused ovarian cancer to a woman.

The lawsuit was filed in December 2019. The plaintiff was diagnosed with cancer in 2016, and as per the Georgia Asbestos Act of 2007, there is a 10-year period to file the suit. However, the manufacturer claimed that the 10-year period to file the suit should be considered from 1963 when the woman first started using the product.

An attorney for Royston said that it should be the court's decision to consider the Asbestos Act with the statute of repose in the lawsuit. The attorney even said that the court wrongly held that Georgia's statute of repose was superseded by the Georgia Asbestos Act in this case.

The attorney for the plaintiff argued that usage of talc products would not show up the signs of cancer for decades in some cases, so it is unfair to consider the ten years of the latency period. He even informed that the plaintiff was exposed to talc for so many years yet the first signs of cancer showed to her in 2016 when she received medical evidence for ovarian cancer.

The plaintiff's attorney even highlighted in his arguments that J&J was aware of the presence of asbestos in its talcum powder, yet it did not take necessary measures to extract asbestos from its baby powder, neither did the company put any warning on the products.

Royston manufactured J&J's baby powder in Georgia from August 2005 through 2019. In 2020, J&J discontinued the sale of its baby powder in the United States, but the products are still available in the international market without any warning issuance from the company.