A jury of talcum lawsuit determined on Monday that Johnson & Johnson is required to compensate an Oregon woman with $260 million after she claimed to have developed mesothelioma, a fatal cancer associated with asbestos exposure, by using the company talc powder.
A recent ruling in the 4th Judicial District Circuit Court in Portland has been handed down, coinciding with the company’s ongoing efforts to finalize a massive $6.48 billion agreement to resolve the majority of lawsuits related to talc. The jury’s decision entails a total award of $260 million, comprising $60 million in compensation for losses suffered and $200 million in punitive damages, with the allocation of damages extending to both the plaintiff and her spouse.
Erik Haas, the global vice president of litigation at J&J, stated that the court’s decision contradicts numerous independent scientific assessments that have verified the safety of talc, confirming it is asbestos-free and does not contribute to cancer. Haas expressed the company’s intention to appeal the verdict, believing they will succeed in overturning it.
Kyung Lee, the individual bringing the case, was found to have mesothelioma at the age of 48 last year.
Lee claimed that she breathed in talc contaminated with asbestos for over three decades, starting from when her mother applied it on her as a baby and later when she used it as a deodorant herself. J&J argues that their talc items are free from asbestos and do not lead to cancer, and they assert that numerous investigations spanning decades back up the safety of their products.
During the trial, an attorney representing J& Lee’s sickness was probably due to her contact with asbestos present at a plant located close to her childhood home.
Johnson & Johnson is currently embroiled in litigation with over 61,000 claimants regarding talc-related issues. The overwhelming majority of these lawsuits have been filed by females diagnosed with ovarian cancer, while a relatively small number of cases involve individuals afflicted with mesothelioma. Notably, the company has successfully resolved most of the mesothelioma-related claims.
To secure approval for a bankruptcy agreement that would bring an end to ongoing lawsuits and prohibit individuals from withdrawing from the agreement, Johnson & Johnson requires the backing of at least three-quarters of the remaining plaintiffs, thereby closing the door on potential future claims.
A pair of earlier bids by the company to settle the talcum powder lawsuits through bankruptcy proceedings were struck down by the courts. Johnson & Johnson, however, is optimistic that it has garnered sufficient backing from the plaintiffs to ensure the success of its latest endeavor.
On May 22, a group of individuals who are against the agreement filed a lawsuit in the form to halt it, labeling it as an illegitimate misuse of the bankruptcy process.
Verdicts in the talc lawsuits have varied, with significant victories for plaintiffs such as the $2.1 billion awarded to 22 women with ovarian cancer in 2021 However, J&J also successfully defended against an ovarian cancer case in April but faced a $45 million verdict in a mesothelioma case.
