J&J's Appeal Over $325M Asbestos Talc Verdict Rejected

J&J's Appeal Over $325M Asbestos Talc Verdict Rejected

Introduction

On November 12, a stipulation was filed in the New York Supreme Court for New York County, indicating that the court has rejected Johnson & Johnson’s (J&J) challenge over a $325 million asbestos talc verdict, stating there was legally sufficient evidence to support the liability.

However, the state's trial court agreed to the company's assertion that the compensatory and damages award was excessive and ordered a new trial on damages unless the plaintiffs stipulated to reduce the award.

The lawsuit was filed by a couple in 2017, claiming that J&J's baby powder and scented Shower to Shower products resulted in the woman's pleural mesothelioma, a cancer of the lining of the lungs. The company was hit with $300 million in punitive damages in 2019 after the jury found it liable to the plaintiffs’ defective design claim and failure-to-warn claim.

In the initial verdict, the couple was granted $25 million in compensatory damages apart from the $300 million in punitive damages. The case will undergo a new trial unless the plaintiffs set down to reduce the award to $120 million, which would include $10 million for past and $3.5 million for future pain and suffering, $1.2 million for loss of companionship and services, and $300,000 for future pain and suffering, along with $105 million in punitive damages.

Johnson's Baby Powder, one of the most popular products containing talcum powder, is linked to increasing a woman's risk of ovarian cancer if she uses it regularly in the genital area. In a few cases, the cancer tissue was studied using an electron microscope and was found to have talc in it, which supported the claim that the cancer was caused by the body powder and increases the talc-related cancer risk.

Allegations include that the company knew about the risks of asbestos exposure from the company’s talc-based products causes ovarian cancer or mesothelioma, yet failed to warn the public. Lawsuits also claim J&J hid the fact that talcum powder contains asbestos.

Bellwether trials against J&J over its more than 20,000 Baby Powder and Shower-to-Shower lawsuits are also proceeding, and a status conference was held on November 17 to review the progress of the cases.