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强生再陷“致癌门”,第五起爽身粉致癌案

2017-08-23 LearnAndRecord

据路透社报道,本周一,一个加州的陪审团要求强生公司(JNJ)支付4.17亿美元给一名女性,原因是该女性声称她在使用了强生公司的以女性卫生为基础的产品(如婴儿粉)后患上了卵巢癌。


Johnson & Johnson faces $417m payout in latest talc case 

强生再陷爽身粉致癌案 被罚4.17亿美元创历史之最


Johnson & Johnson has been ordered to pay $417m (?323.4m) to a woman who says she developed ovarian cancer after using products such as baby powder.


The California jury's decision marks the largest award yet in a string of lawsuits that claim the firm did not adequately warn about cancer risks from talc-based products(滑石制品).


A spokeswoman for Johnson & Johnson defended the products' safety.


The firm plans to appeal, as it has in previous cases.


"We will appeal today's verdict because we are guided by the science," Carol Goodrich, spokesperson for Johnson & Johnson Consumer Inc, said in a statement.


The evidence around any link between talc use and cancer is inconclusive.


Johnson & Johnson, headquartered in New Jersey, faces thousands of claims from women who say they developed cancer due to using the firm's products to address concerns about vaginal odour and moisture.


Johnson & Johnson has lost four of five previous cases tried before juries in Missouri, which have led to more than $300m in penalties.


The California lawsuit was brought by Eva Echeverria, a 63-year-old woman who said she started using baby powder when she was 11 years old. She was diagnosed with ovarian cancer 10 years ago; the diagnosis is terminal, according to lawyers working on the case.


The lawsuit alleged that the company was aware of cancer risk associated with talcum powder(爽身粉), but concealed that information from the public.


The verdict included $70m in compensatory damages* and $347m in punitive damages*.


*compensatory damages: 补偿性赔偿,也称为actual damages(实际损失赔偿),是指以实际损害的发生为补偿的前提,且以实际的损害为赔偿的范围的赔偿。补偿性赔偿适用的根本目的在于使受害人所遭受的实际损失得以完全补偿,不具有惩罚的特点。


*punitive damages: 惩罚性赔偿(punitive damages),也称示范性的赔偿(exemplary damages)或报复性的赔偿(vindictive damages), 是指由法庭所作出的赔偿数额超出实际的损害数额的赔偿。一般认为,惩罚性赔偿制度主要应当适用于侵权案件,但在美国法中,这一制度被广泛地应用于合同纠纷,在许多州甚至主要适用于合同纠纷。惩罚性赔偿的功能不仅在于弥补受害人的损害,还在于惩罚和制裁严重过错行为;赔偿的数额主要不以实际的损害为标准,且不以实际损害为限。但是惩罚性赔偿的特点并不能割断其与补偿性赔偿的联系。惩罚性赔偿一般以补偿性赔偿的存在为依据,只有符合补偿性赔偿的构成要件才能请求惩罚性赔偿。


补充: https://www.douban.com/note/328239833/


Is talc safe?


There have been concerns for years that using talcum powder, particularly on the genitals, may increase the risk of ovarian cancer.


But the evidence is not conclusive. The International Agency for Research on Cancer classifies talc used on the genitals as "possibly carcinogenic(致癌的)" because of the mixed evidence.


Why is there any debate?


The mineral talc in its natural form does contain asbestos(石棉) and does cause cancer, however, asbestos-free talc has been used in baby powder and other cosmetics since the 1970s. But the studies on asbestos-free talc give contradictory results.


It has been linked to a cancer risk in some studies, but there are concerns that the research may be biased as they often rely on people remembering how much talc they used years ago. Other studies have argued there is no link at all and there is no link between talc in contraceptives(避孕药; 避孕用品) such as diaphragms(子宫帽) and condoms (which would be close to the ovaries) and cancer.


Also there does not seem to be a "dose-response(剂量反应)" for talc, unlike with known carcinogens(致癌物) like tobacco where the more you smoke, the greater the risk of lung cancer.


What should women do?


The charity Ovacome* says there is no definitive evidence and that the worst-case scenario is that using talc increases the risk of cancer by a third.


*Overcome: Ovacome is a national charity providing advice and support to women with ovarian cancer. We give information about symptoms, diagnosis, treatment, research and screening. Ovacome also runs a telephone support line and works to raise awareness and give a voice to all those affected by ovarian cancer.


But it adds: "Ovarian cancer is a rare disease, and increasing a small risk by a third still gives a small risk. So even if talc does increase the risk slightly, very few women who use talc will ever get ovarian cancer."

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