An Oregon jury has found Johnson & Johnson must pay $260 million to a woman who got mesothelioma after inhaling the company’s talc powder for more than 30 years.
Monday’s verdict in the 4th Judicial District Circuit Court in Oregon, the latest to link J&J’s talc to asbestos-related cancers, includes $200 million in punitive damages. The remaining $60 million consists of compensatory damages for the claimant, Kyung Lee, and her husband.
Talc Use Began During Babyhood
Lee was diagnosed with mesothelioma, a rare and deadly form of cancer whose only known risk factor is asbestos exposure, last year at age 48. She said her mother used J&J talc powder on her as a baby, and she later used it herself.
In her lawsuit, Lee accused J&J of withholding from the public the knowledge that their talc products were contaminated with asbestos. The company denied liability, claiming Lee’s asbestos exposure occurred from a textile factory near her childhood home in South Korea.
Benjamin Adams from Dean Omar Branham Shirley, the law firm representing Lee, said during his opening statement to the jury that J&J recalled more than 30,000 bottles of baby powder in 2019 after the FDA found they contained asbestos. Adams also said the company’s internal studies show J&J knew its products contained asbestos.
However, Will Stute of Orrick, Herrington & Sutcliffe, attorneys for J&J, denied the company had any such knowledge. He also said the plaintiff’s evidence was based on flawed studies, and J&J thoroughly tests its products for safety.
J&J Seeking Settlement for Other Talc Lawsuits
More than 61,000 other cancer patients have filed talc lawsuits pending against J&J. Nearly all of them have ovarian cancer, while only a few have mesothelioma. J&J previously settled most of the mesothelioma suits.
J&J recently announced a $6.5 billion settlement to resolve most of the remaining talc ovarian cancer lawsuits against the company. More than 75% of the claimants must agree to the settlement, or it won’t happen.
