Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

After a $417 million judgment: What should corporations do?

Michael Kirsch, MD
Physician
September 3, 2017
Share
Tweet
Share

I have written about talcum powder previously.  Indeed, I have not only opined on the slippery substance, but I am also a regular consumer of the product.  Talcum powder has become magic legal dust that brings forth zillions of dollars to those who have been attacked by the poisonous toxin.

Just last year, I informed readers of $55 million and $72 million judgments to cancer victims who used powder against the manufacturer Johnson & Johnson.  Earlier this year a Missouri woman was awarded $110 million in damages.

Recently, a jury in California, where the cost of everything is stratospheric, ordered J&J to pay $417 million in damages to a victim of ovarian cancer.   The jury clearly wanted to send the company and corporate America a monetary message that went beyond the pinprick judgment that was issued against J&J last year.

Readers at this point are invited to consider what would constitute reasonable damages if it were proven true that the product caused the cancer and the company knew of this risk and did not provide adequate warning to the public.   Make your guess before reading on.

Here are some price comparisons to test your sanity:

Private Gulfstream jet: $70 million
Penthouse in NYC’s Plaza hotel: $40 million
Alexander Hamilton autograph: $1,000
Bentley automobile: $230,000
100 meter super yacht: $275 million
California jury award: $417 million

You may resume breathing now.  Of course, the plaintiff’s attorneys were able to string  a circuitous array of dots that connected talcum powder to cancer in front of a jury who was likely more sympathetic to a dying victim than to a mega corporation.  But, sympathy is not evidence and being a successful company does not define negligence.

This mega-judgment is rendered beyond absurd when one accepts that there is no convincing and consistent scientific conclusion that talcum powder is the responsible agent.  The studies have largely demonstrated an association, which are not designed to determine cause and effect.

What should product manufacturers do?  Should every package include a boxed warning that the product can cause misery and death just to cover themselves?   Perhaps, not. This would only give customers anxiety, pain, and suffering.  Guess what would happen next?

Michael Kirsch is a gastroenterologist who blogs at MD Whistleblower.

Image credit: Shutterstock.com

Prev

Please stop touching me: A message to Dr. Handsy

September 3, 2017 Kevin 2
…
Next

The plight of mid-sized emergency departments

September 3, 2017 Kevin 4
…

Tagged as: Medications, OB/GYN, Oncology/Hematology

Post navigation

< Previous Post
Please stop touching me: A message to Dr. Handsy
Next Post >
The plight of mid-sized emergency departments

ADVERTISEMENT

More by Michael Kirsch, MD

  • Are Ozempic patients on a slow-moving runaway train?

    Michael Kirsch, MD
  • AI-driven diagnostics and beyond

    Michael Kirsch, MD
  • The surprising truth behind virtual visits

    Michael Kirsch, MD

Related Posts

  • A gun message for woke corporations

    Martha Rosenberg
  • A physician’s addiction to social media

    Amanda Xi, MD
  • More physician responsibility for patient care

    Michael R. McGuire
  • How a physician keynote can highlight your conference

    Kevin Pho, MD
  • Chasing numbers contributes to physician burnout

    DrizzleMD
  • The black physician’s burden

    Naomi Tweyo Nkinsi

More in Physician

  • Demedicalize dying: Why end-of-life care needs a spiritual reset

    Kevin Haselhorst, MD
  • Physician due process: Surviving the court of public opinion

    Muhamad Aly Rifai, MD
  • Spaced repetition in medicine: Why current apps fail clinicians

    Dr. Sunakshi Bhatia
  • When diagnosis becomes closure: the harm of stopping too soon

    Ann Lebeck, MD
  • From flight surgeon to investor: a doctor’s guide to financial freedom

    David B. Mandell, JD, MBA
  • The surgical safety checklist: Why silence is the real enemy

    Brooke Buckley, MD, MBA
  • Most Popular

  • Past Week

    • Health care as a human right vs. commodity: Resolving the paradox

      Timothy Lesaca, MD | Physician
    • My wife’s story: How DEA and CDC guidelines destroyed our golden years

      Monty Goddard & Richard A. Lawhern, PhD | Conditions
    • The gastroenterologist shortage: Why supply is falling behind demand

      Brian Hudes, MD | Physician
    • Why voicemail in outpatient care is failing patients and staff

      Dan Ouellet | Tech
    • Alex Pretti’s death: Why politics belongs in emergency medicine

      Marilyn McCullum, RN | Conditions
    • U.S. opioid policy history: How politics replaced science in pain care

      Richard A. Lawhern, PhD & Stephen E. Nadeau, MD | Meds
  • Past 6 Months

    • How environmental justice and health disparities connect to climate change

      Kaitlynn Esemaya, Alexis Thompson, Annique McLune, and Anamaria Ancheta | Policy
    • Will AI replace primary care physicians?

      P. Dileep Kumar, MD, MBA | Tech
    • A physician father on the Dobbs decision and reproductive rights

      Travis Walker, MD, MPH | Physician
    • What is the minority tax in medicine?

      Tharini Nagarkar and Maranda C. Ward, EdD, MPH | Education
    • Why the U.S. health care system is failing patients and physicians

      John C. Hagan III, MD | Policy
    • Alex Pretti: a physician’s open letter defending his legacy

      Mousson Berrouet, DO | Physician
  • Recent Posts

    • Why medical school DEI mission statements matter for future physicians

      Laura Malmut, MD, MEd, Aditi Mahajan, MEd, Jared Stowers, MD, and Khaleel Atkinson | Education
    • A physician’s quiet reflection on January 1, 2026

      Dr. Damane Zehra | Conditions
    • AI censorship threatens the lifeline of caregiver support [PODCAST]

      The Podcast by KevinMD | Podcast
    • Demedicalize dying: Why end-of-life care needs a spiritual reset

      Kevin Haselhorst, MD | Physician
    • Physician due process: Surviving the court of public opinion

      Muhamad Aly Rifai, MD | Physician
    • Spaced repetition in medicine: Why current apps fail clinicians

      Dr. Sunakshi Bhatia | Physician

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 5 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Health care as a human right vs. commodity: Resolving the paradox

      Timothy Lesaca, MD | Physician
    • My wife’s story: How DEA and CDC guidelines destroyed our golden years

      Monty Goddard & Richard A. Lawhern, PhD | Conditions
    • The gastroenterologist shortage: Why supply is falling behind demand

      Brian Hudes, MD | Physician
    • Why voicemail in outpatient care is failing patients and staff

      Dan Ouellet | Tech
    • Alex Pretti’s death: Why politics belongs in emergency medicine

      Marilyn McCullum, RN | Conditions
    • U.S. opioid policy history: How politics replaced science in pain care

      Richard A. Lawhern, PhD & Stephen E. Nadeau, MD | Meds
  • Past 6 Months

    • How environmental justice and health disparities connect to climate change

      Kaitlynn Esemaya, Alexis Thompson, Annique McLune, and Anamaria Ancheta | Policy
    • Will AI replace primary care physicians?

      P. Dileep Kumar, MD, MBA | Tech
    • A physician father on the Dobbs decision and reproductive rights

      Travis Walker, MD, MPH | Physician
    • What is the minority tax in medicine?

      Tharini Nagarkar and Maranda C. Ward, EdD, MPH | Education
    • Why the U.S. health care system is failing patients and physicians

      John C. Hagan III, MD | Policy
    • Alex Pretti: a physician’s open letter defending his legacy

      Mousson Berrouet, DO | Physician
  • Recent Posts

    • Why medical school DEI mission statements matter for future physicians

      Laura Malmut, MD, MEd, Aditi Mahajan, MEd, Jared Stowers, MD, and Khaleel Atkinson | Education
    • A physician’s quiet reflection on January 1, 2026

      Dr. Damane Zehra | Conditions
    • AI censorship threatens the lifeline of caregiver support [PODCAST]

      The Podcast by KevinMD | Podcast
    • Demedicalize dying: Why end-of-life care needs a spiritual reset

      Kevin Haselhorst, MD | Physician
    • Physician due process: Surviving the court of public opinion

      Muhamad Aly Rifai, MD | Physician
    • Spaced repetition in medicine: Why current apps fail clinicians

      Dr. Sunakshi Bhatia | Physician

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

After a $417 million judgment: What should corporations do?
5 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...