A jury trial began in South Carolina this week to determine if a man’s use of asbestos-contaminated Johnson & Johnson’s baby powder was the cause of his mesothelioma.
Michael Perry developed the rare and deadly form of cancer, which usually results from inhalation of asbestos fibers, in 2023 at age 53. He used J&J’s talc-based baby powder heavily because of an allergy to most deodorants. Talc sometimes contains traces of asbestos.
However, lawyers for the company argue that Perry could have contracted mesothelioma due to his many years of working with brake pads in his father’s garage. Some brake pads contain asbestos.
Some J&J Talc Verdicts Have Favored Claimants
In several recent verdicts, mesothelioma victims have won huge amounts in damages from J&J.
Earlier this year, an Oregon jury awarded $200 million in punitive damages and $60 million in compensatory damages to Kyung Lee and her husband. Lee, who used J&J baby powder for years, was diagnosed with mesothelioma last year at age 48.
Also this year, an Illinois jury found that J&J’s baby powder was 30% at fault and Kenvue was 70% at fault for Theresa Garcia’s death from mesothelioma in 2020. Kenvue is the former consumer healthcare division of the pharmaceutical giant. The combined verdict was $45 million.
In 2023, a California jury awarded $18.8 million to Emory Hernandez Valadez, who frequently used J&J baby powder. Valadez’s case was unusual because he was only 24. Many mesothelioma patients are much older because of the disease’s long latency period.
More Problems for J&J
J&J’s talc products have also been linked to ovarian cancer. Tens of thousands of women claim they developed the disease after applying the company’s baby powder to their genitals.
Attorneys for mesothelioma and ovarian cancer patients have repeatedly argued that J&J knew for years that its talc products, including baby powder, contained asbestos. The company has always denied those claims and accused the lawyers of relying on flawed scientific studies to make their case.
However, J&J agreed to a $700 million settlement with 42 states and the District of Columbia earlier this year to resolve claims that the company deceived the public about the safety of its talc products. The amount each state received was based on the number of claimants and the severity of their illness.
The settlement by no means clears J&J of all its talc liability.
Late last month an appellate court upheld a bankruptcy court’s ruling from last year that denied J&J’s effort to use a maneuver called the “Texas Two-Step” to settle more than 60,000 claims against it from ovarian cancer victims and their families.
J&J has twice tried and failed to use a subsidiary, LTL management, to declare bankruptcy in the Lone Star State. The recent appellate court ruling was over the drug company’s second attempt at the Texas Two-Step. The court agreed with bankruptcy judges that J&J had enough assets to settle the claims without using a subsidiary to file for Chapter 11 protection.
J&J plans to appeal the case to the U.S. Supreme Court. In the meantime, the company is continuing plans for a third bankruptcy filing to settle nearly all the remaining ovarian cancer claims against it through a $6.48 billion settlement.
Claimants had until 4 p.m. on July 25 to vote on whether to accept the proposed settlement. An announcement on the voting results is pending.
Its most recent proposed reorganization plan involved paying
a subsidiary, LTL Management, to declare bankruptcy to settle cancer claims related to its talc-based baby powder.
