The first talcum powder lawsuit was filed by 42-year-old Deane Berg, a physician’s assistant in Sioux Falls, South Dakota, who contracted ovarian cancer after ritually using J&J Baby Powder for 30 years, especially in intimate areas – “a sprinkle a day helps keep the odor away.” Two years after her ovaries were removed, a pathologist examined the tissue and found talcum powder present, which prompted Berg to file charges against J&J.
The company offered to settle out of court for $800,000, contingent on Berg never saying Baby Powder caused her cancer. She asked if J&J would include a warning label on its product. “No,” the negotiator said, promptly sweetening the offer by $500,000.
“You know I didn’t go into this to make a buck,” she told him. “I wanted to get this out there for the public, so women don’t suffer like I did.” Berg took a walk, came back in and said, “If you’re not going to put a warning on the powder and you’re not going to tell women, I’ll see you in court.”
After two days of deliberation concluding that trial, a jury found J&J guilty of neglect but ordered the company to pay Berg nothing. Berg, however, felt she’d won. Now the word was out.