A jury has awarded $63.4 million in a lawsuit brought by a South Carolina man who developed mesothelioma after using Johnson & Johnson’s talcum powder products. This verdict marks a significant development in the ongoing talcum powder litigation, highlighting the potential health risks associated with long-term talc exposure. The trial has drawn attention to the numerous Johnson & Johnson lawsuits filed against the company, alleging that their Baby Powder and other talc-based products caused cancer in consumers.
Talcum Powder Verdict Details and Breakdown
The recent verdict in the Johnson & Johnson talcum powder lawsuit has resulted in a significant payout. The South Carolina jury awarded over $63 million in a claim brought by plaintiff Michael Perry, who was diagnosed with mesothelioma after using J&J’s talc-based baby powder. The jury found both Johnson & Johnson and American International Industries (AII) negligent, determining their products were the proximate cause of Perry’s condition.
The verdict breakdown includes more than $23 million in economic and other damages, $30 million in punitive damages against J&J, and $760,000 against AII. Additionally, Perry’s spouse, Lonnie Long, was awarded over $9.6 million for loss of consortium. The jury deemed the companies’ actions “willful, wanton, or reckless,” and found AII guilty of fraudulent misrepresentation.
Background on Johnson & Johnson Talcum Powder Lawsuits
The talcum powder lawsuits against Johnson & Johnson have a long history, dating back to 1999 when a woman claimed that lifelong use of the product led to her mesothelioma diagnosis. In 2009, another lawsuit alleged that J&J’s talc-based products caused ovarian cancer, sparking a wave of similar product liability claims. Since then, J&J has faced over 50,000 talc powder lawsuits, with most alleging a connection to ovarian cancer.
Despite mounting legal challenges, J&J has consistently defended the safety of its talc products, denying the presence of asbestos and arguing that studies have not conclusively linked talc to cancer. The company’s legal strategy has included attempts to resolve lawsuits through bankruptcy court, a move that has been rejected twice.
The Alleged Link Between Talcum Powder and Mesothelioma
Talc, a naturally occurring mineral, is often contaminated with asbestos, a known carcinogen. This contamination occurs because talc and asbestos form in similar geological conditions, making separation difficult during mining. Asbestos-contaminated talc has been linked to mesothelioma, a rare and aggressive cancer.
Internal documents from Johnson & Johnson suggest that from 1971 to the early 2000s, their talc products occasionally tested positive for asbestos. The International Agency for Research on Cancer classifies talc containing asbestos as “carcinogenic to humans,” and studies have shown a strong connection between talcum powder exposure and various types of cancer, including mesothelioma.
Implications and Future of Talcum Powder Litigation
The recent verdict against Johnson & Johnson has significant implications for the future of the talcum powder litigation. With over 57,782 lawsuits pending in federal multidistrict litigation as of August 2024, the company faces substantial legal challenges. J&J has proposed a $6.48 billion settlement for ovarian cancer claims, to be paid over 25 years. This offer, however, does not cover mesothelioma claims.
J&J’s legal strategy has included multiple bankruptcy attempts, with the latest proposal requiring 75% of plaintiffs to accept it. The company has also discontinued its talc-based baby powder globally, switching to a cornstarch-based alternative. Despite these efforts, J&J continues to face new lawsuits and significant verdicts, including a recent $45 million award to an Illinois family.
What’s Next for Johnson & Johnson?
The ongoing talcum powder litigation has had a noticeable impact on J&J’s stock prices, prompting the company to consider alternative settlement strategies. As the legal battle continues, the talcum powder lawsuits serve as a critical test claim for corporate accountability and consumer safety in the pharmaceutical and personal care products industry.
Talcum Powder Lawsuit Information
Johnson & Johnson knew for decades that asbestos lurked in its Baby Powder, Reuters