Latest J&J Baby Powder Lawsuit Ends in Big Win for Plaintiff
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The latest Johnson and Johnson baby powder lawsuit ended in another big win for plaintiffs.
A South Carolina state court jury awarded $63.4 million to Michael Perry, who blamed the development of his mesothelioma on J&J’s talcum powder which, according to Business Wire, he used every day for years because of a deodorant allergy.
According to Courtroom View Network, the jury awarded $32.6 million in compensatory damages and the rest in the form of punitive damages. The jury ordered both J&J and co-defendant American International Industries to pay damages.
J&J said it plans to appeal the ruling.
J&J Failed To Defend Against Claim That Its Baby Powder Caused Cancer
The trial hinged on Perry’s claims that long-term use of J&J baby powder caused his mesothelioma and the company failed to warn consumers about the potential cancer risk.
Mesothelioma, a rare and aggressive form of cancer that forms in the lining of internal organs, is primarily caused by asbestos. Testimony presented in the trial included claims that J&J had known for more than 50 years that its talcum powder products contain asbestos. The company recalled 33,000 bottles of its baby powder in 2019 after asbestos was found in test samples.
J&J countered with the argument that Perry could have been exposed to asbestos from brake pads that he came into contact with while working in his father’s garage.
But the jury ultimately sided with Perry, securing another win for plaintiffs who have brought litigation against J&J over its baby powder.
Just two months ago, an Oregon jury ordered J&J to pay $260 million in damages to a woman who claimed her mesothelioma had resulted from using baby powder.
An Illinois jury also awarded $45 million in damages in April to the family of a woman who had died from mesothelioma following J&J talcum powder usage.
Johnson and Johnson Working To Settle Ovarian Cancer Lawsuits
In addition to the mesothelioma lawsuits, much of the litigation surrounding J&J baby powder has centered on whether it causes ovarian cancer. There are over 57,000 active lawsuits related to J&J talcum powder, and the company has been working to achieve a settlement.
The most recent version – which was proposed in May – called for a $6.48 billion settlement specifically for ovarian cancer lawsuits that would be paid out over 25 years and facilitated through the bankruptcy of subsidiary LTL Management.
But J&J has continued to run into roadblocks, including an appeals court denying its most recent bankruptcy attempt last week. While the settlement has reportedly gained the necessary support of 75% or more of the plaintiffs, it still has not received approval.