A jury in California recently awarded $29 million to a woman who claimed that Johnson & Johnson brand talcum powder contained asbestos that caused her cancer.
The verdict came down in state superior court in Oakland, California. It’s just one of more than 13,000 active lawsuits that J&J is facing around the country related to its talc-based products.
The plaintiff, Terry Leavitt, used J&J brand products, including their baby powder and “Shower to Shower” talc-based powder through the 1960s and 1970s. She was diagnosed with mesothelioma—a form of cancer caused by asbestos—in 2017.
During the trial, dozens of experts gave testimony both for the plaintiff and in support of J&J. After two days of deliberation, the jury delivered its verdict, in which they determined that J&J’s talc powder products were defective. The jury also concluded that the company negligently failed to warn consumers of the products’ health risks; however, the jury decided not to award punitive damages against the company. Instead, they found that J&J is liable for $29.4 million in compensatory damages to Ms. Leavitt and her husband.
Counsel for Ms. Leavitt say that the verdict—and the documentary evidence—show that J&J knew about the risk of asbestos in their talc-based products, but that the company worked over decades to cover up the truth, conceal the health risks and deceive the public and consumers.
In December of 2018, the news outlet Reuters published an investigation that showed J&J was aware that the talc in its powder products had tested positive for asbestos. These positive asbestos test results were found starting in the 1970s and through until the early 2000s. In its story, Reuters reported that J&J did not disclose these findings to regulators or to consumers.
Imerys Talc America, the manufacturer of the talc powder that supplied J&J’s products, has filed for bankruptcy from the weight of these talc-based lawsuits. They were initially named as a co-defendant in Ms. Leavitt’s trial; however, they were dropped from the lawsuit by the presiding judge in light of their bankruptcy protection.
In response to the jury’s verdict, J&J denies that their talc-based products contain asbestos and cause cancer. In support of its claim, the company cites scientific studies that show that its baby powder and other talc products are asbestos-free, as well as determinations by governmental regulators clearing the safety of these products.
J&J said that it plans to appeal the decision. The company cited what it calls “serious” evidentiary and procedural errors in the case and in during the trial. J&J further maintains that the plaintiff failed to prove that their baby powder product contains cancer-causing asbestos.
Ms. Leavitt’s case is the first of dozens of lawsuits against J&J for their talc-based products that are scheduled to go to trial this year. To date, there have been 11 total cases alleging asbestos contamination in J&J talc products; only three have resulted in verdicts in favor of the plaintiffs. One case awarded more than $4.6 billion in damages in a multi-plaintiff case alleging that J&J’s talc products caused ovarian cancer.
The company has appealed all of the cases that awarded verdicts in favor of the plaintiff, and it maintains that its products are safe and pose no health or safety risks.