Johnson & Johnson Ordered to Pay $29.5M in Baby Powder Lawsuit

Johnson’s baby powder was blamed as the cause for a woman’s mesothelioma.

On Wednesday, March 13th, a California State Jury found Johnson & Johnson’s talcum-based baby powder contained cancer-causing asbestos and caused a woman’s mesothelioma, awarding nearly $29.5 million.

J&J failed to adequately warn of the potential asbestos risk in baby powder

After two days of deliberation, the jury returned with a verdict in favor of Teresa E. Leavitt, the plaintiff. It was found that J&J’s baby powder contained asbestos. This was considered a major factor in the cause of Leavitt’s cancer.

The jury found that J&J failed to adequately warn of the potential risk of the powder. The jurors unanimously found that J&J intentionally withheld facts critical to the safety and dangers of the product and decided Leavitt didn’t know the facts and would have acted differently had she known.

Liability was shared by J&J at 78 percent liable, J&J Consumer Inc. 20 percent liable, and Cyprus Mines 2 percent liable.

Now, Leavitt suffers from mesothelioma, an aggressive form of cancer that typically occurs after exposure to asbestos. According to the National Cancer Institute, malignant mesothelioma can show up at least 20 years after exposure.

The jury found that J&J failed to adequately warn of the potential risk of the powder. The jurors unanimously found that J&J intentionally withheld facts critical to the safety and dangers of the product and decided Leavitt didn’t know the facts and would have acted differently had she known.

Liability was shared by J&J at 78 percent liable, J&J Consumer Inc. 20 percent liable, and Cyprus Mines 2 percent liable.

Now, Leavitt suffers from mesothelioma, an aggressive form of cancer that typically occurs after exposure to asbestos. According to the National Cancer Institute, malignant mesothelioma can show up at least 20 years after exposure.

Unfortunately, there is no cure for the disease. Life expectancy ranges anywhere from 12 to 21 months after diagnosis.

The breakdown of the award was divvied up between her and her partner, Dean McElroy.

The jury awarded $291,000 to Leavitt for past medical expenses, $1 million for future medical, $1.2 million for loss of earnings, $7 million for past physical pain and mental suffering, and $15 million for future physical pain and mental suffering. It also awarded $2 million to her partner, Dean McElroy, for past loss of love and companionship, and $3 million for future loss of love and companionship.

Joseph D. Satterley of Kazan McClain Satterley & Greenwood, representing Leavitt, told the jury that his client has a “horrible asbestos disease that will result in her untimely death, a slow and painful death,” and that J&J could have easily prevented this from occurring.

Satterley told the jury that J&J knew it’s baby powder contained asbestos and refused to pull it off the shelves, saying that this conduct — “allowing a carcinogen to be placed on babies” — was despicable, and asked them to award punitive damages on top of tens of millions of dollars in compensatory damages.

Wednesday’s verdict is another win in a series of suits against J&J over its talcum powder after the pharmaceutical and consumer products giant had recently racked up several favorable results. Last October and November, J&J convinced juries in New Jersey and California that it wasn’t to blame for two women’s mesothelioma.

In January, the state high court granted J&J’s last-minute bid to pause a thirteen-plaintiff talcum powder trial, saying it would consider whether the plaintiffs should be forced to go to trial individually.

J&J was hit with a record-setting $4.69 billion verdict

In the last trial to make it to a verdict in St. Louis city court, J&J was hit with a record-setting $4.69 billion verdict on claims that its products gave ovarian cancer to 22 women.

Contact KBA Attorneys for a Free Case Evaluation

If you or a loved one has been diagnosed with ovarian cancer or mesothelioma and you were a user of Johnson & Johnson Baby Powder, you are not alone. To learn how our personal injury lawyers can help you and your family, please contact us for a Free Case Evaluation. We would be honored to speak with you and will respond promptly to every inquiry we receive.

Source: The New York Times, March 14, 2019