Johnson & Johnson Found Liable in Talc Lawsuit
A jury in Los Angeles has held Johnson & Johnson responsible for causing cancer through its talc products, ordering the company to pay $966 million to the family of a woman who succumbed to mesothelioma.
The lawsuit was filed by the family of May Moore, an 88-year-old California resident who passed away in 2021. They argued that J&J’s talcum powder contained asbestos fibers that led to her rare form of cancer.
On Monday, the jury announced a verdict that includes $16 million in compensatory damages and a staggering $950 million in punitive damages, as detailed in court documents.
The U.S. Supreme Court has established that punitive damages typically should not exceed nine times the compensatory amount, which means the verdict could be adjusted during an appeal.
Eric Haas, J&J’s vice president of worldwide litigation, stated the company intends to appeal the ruling, labeling it as “egregious and unconstitutional.”
He added that the arguments put forth by the plaintiff’s counsel were based on “junk science” that should never have been presented to the jury.
J&J maintains that its products are safe, free from asbestos, and not cancer-causing. The company ceased sales of talc-based baby powder in the U.S. in 2020, opting instead for cornstarch products. Mesothelioma is known to be linked to asbestos exposure.
Trey Branum, one of the attorneys for Moore’s family, expressed hope after the verdict that J&J would “finally accept responsibility for these senseless deaths.”
J&J faces legal action from more than 67,000 individuals who claim they developed cancer after using baby powder and other talc products. Although the number of lawsuits linking talc to mesothelioma is relatively small, the majority pertain to ovarian cancer.
The company has attempted to tackle the lawsuits through bankruptcy proceedings, but federal courts have rejected this proposal three times.
Notably, a lawsuit concerning talc and mesothelioma was excluded from earlier bankruptcy considerations. While J&J has settled some claims, no nationwide agreements have been reached, and several mesothelioma cases have gone to state courts recently.
Over the past year, J&J has faced several significant rulings regarding mesothelioma cases, with Monday’s verdict being among the largest. The company has had some success in winning trials, including a recent case in South Carolina where a jury found it not liable.
Additionally, J&J has managed to have certain verdicts reduced on appeal, such as in an Oregon case where a judge overturned a $260 million judgment, ordering a new trial instead.
