Bottles of Johnson & Johnson baby powder line a drugstore shelf in New York on October 15, 2015. REUTERS/Lucas Jackson/File Photo
In a landmark ruling on June 3, an Oregon jury has ordered Johnson & Johnson to pay $260 million to Kyung Lee, a woman who developed mesothelioma after prolonged use of the company’s talc powder. The case was heard in the 4th Judicial District Circuit Court in Portland.
The jury’s decision, which consists of $60 million in compensatory damages and $200 million in punitive damages, marks another significant blow to J&J as it struggles with thousands of talc-related lawsuits. This verdict comes amid J&J’s ongoing efforts to secure a $6.48 billion settlement for the majority of these cases through a prepackaged bankruptcy plan.
Erik Haas, J&J’s worldwide vice president of litigation, criticized the jury’s verdict, asserting it contradicts extensive scientific research indicating that J&J’s talc is safe and asbestos-free. Haas confirmed the company’s intention to appeal the decision, expressing confidence in overturning the verdict.
Kyung Lee, diagnosed with mesothelioma at 48, claimed her exposure to asbestos-tainted talc began in infancy when her mother used J&J’s baby powder on her, continuing into adulthood when she used the product as a deodorant. J&J disputes these claims, arguing that their talc products do not contain asbestos. During the trial, J&J’s legal team suggested that Lee’s illness likely resulted from asbestos exposure from a factory near her childhood home.
J&J faces over 61,000 lawsuits related to its talc products, predominantly from women with ovarian cancer, though mesothelioma cases like Lee’s are less common. While the company has settled most mesothelioma claims, it requires the approval of 75% of the remaining plaintiffs to finalize its proposed bankruptcy settlement, which aims to halt ongoing and future litigation.
This recent verdict is part of a series of mixed outcomes in talc litigation. Notable past rulings include a $2.1 billion judgment in 2021 for 22 women with ovarian cancer and a recent $45 million verdict in another mesothelioma case, contrasted by J&J’s win in an ovarian cancer trial in April.
As J&J continues to navigate these legal challenges, a group of plaintiffs has filed a class action lawsuit opposing the proposed bankruptcy settlement, accusing the company of misusing the bankruptcy system.
The talc trials, followed closely by legal experts, have profound implications for the company’s future and the thousands of individuals affected by its products.
