Plaintiffs Place Spotlight On The Original Whistle Blower In Talcum Powder Cancer Lawsuits

March 17, 2017 – – Pharmaceutical giant Johnson & Johnson (J&J) is facing thousands of talcum powder cancer lawsuits. Some of them have been trialed in their favor, while others against them, resulting in payouts of millions of dollars. It is believed that J&J has also settled with a number of plaintiffs. With the company recently winning a major trial, other plaintiffs now want to place a spotlight on the brave pioneer in the campaign against talcum powder: the original whistle blower.

In 2009, Diane Berg filed the very first lawsuit against J&J. She was offered a settlement almost immediately, but she refused to take it, believing that people needed to be made aware of the dangers of the products. Unfortunately, she ended up with nothing, but she will forever be known as the heroic and brave whistle blower, who empowered others to follow.

Berg was diagnosed with ovarian cancer at the age of 49. She had used J&J’s talcum powder for almost all of her life. After diagnosis, she had to complete six months of chemotherapy and she had a full hysterectomy. In 2013, J&J offered her $1.3 million in return for a confidentiality clause, but she turned it down.

In 2016, she came forward to explain that she did not sue for money, but rather because she wanted everybody to know that J&J continued to market their products, despite being aware of the dangers. Interestingly, while she won her case against J&J in a South Dakota court, because the verdict was not unanimous, she was not awarded any financial damages.

Today, the various lawsuits all allege the same thing: that J&J knew about the risks. They cite a 1971 study that demonstrated this link, and said report was republished in 1992. In 2003, further studies were revealed that all claimed the same thing. According to the plaintiffs, it would be impossible for J&J to not have been aware of this.

Plaintiffs are fighting for their life, for compensation, and for recognition. Inspired by Diane Berg, their ultimate goal is to make sure that this doesn’t happen to anyone again. Just like Berg, plaintiffs argue that it is the fact that while knowing the dangers posed by talcum powder, the pharmaceutical company kept this hidden from the consumers and continued to market the products for more than 40 years, which resulted in their developing cancer in later years.

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