Michael Pendell, left, and Kim Bueno deliver openings at trial against Johnson & Johnson over the ovarian cancer death of a doctor who had used the company's Baby Powder for decades. Watch the trial.
Miami, FL— Attorneys Monday debated whether Johnson & Johnson’s talc-based Baby Powder caused the cancer death of a retired Florida doctor, as trial opened against the company. Sugarman v. Johnson & Johnson, 2019-CA-017627.
Marilyn Seskin, 69 and a retired anesthesiologist, died of ovarian cancer in 2019. Seskin’s husband, Robert Sugarman, claims asbestos in Johnson & Johnson’s Baby Powder, which Seskin used for decades, caused the disease.
During his opening statement Monday, Motley Rice’s Michael Pendell, representing Sugarman, previewed evidence he says shows J&J knew its talc products contained asbestos, and was aware of their dangers for decades, but failed to warn the public.
Pendell added that, despite scientific evidence linking talc to cancer, the company engaged in a campaign to deny and discredit those findings.
“If Johnson & Johnson had told the truth about its Baby Powder, that it contained asbestos and caused cancer, this didn’t have to happen.” Pendell said.
But J&J contends its talc is safe and Seskin’s cancer stemmed from other causes.
In her opening Monday, Kirkland & Ellis’ Kim Bueno told jurors that documents indicating talc contained tremolite, a mineral that occurs in both asbestos and non-asbestos forms, did not mean the talc contained tremolite asbestos. She added that the most reliable scientific studies on the issue showed no link between talc and ovarian cancer, generally.
Bueno also noted that none of Seskin’s medical treatment records indicated talc was the cause of Seskin’s disease.
“Ms. Seskin’s cancer wasn’t caused by Johnson’s Baby Powder,” Bueno said. “No causation, no case.”
The case is one of thousands across the country claiming that J&J’s talc products caused disease, including mesothelioma and ovarian cancer. The company pulled its talc-based products from the U.S. and Canadian markets in 2020. It completed the worldwide removal of talcum powder from its products in 2023.
The proceeding that began this week comes two years after an earlier trial in the case, where jurors ultimately deadlocked. This proceeding is expected to last through the end of next week.
Email Arlin Crisco at acrisco@cvn.com.
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