J&J Hit With Another $65M Verdict in Lawsuit Over Baby Powder Cancer Risks

Ruling is among a series of recent state court jury verdicts awarding substantial damages against Johnson & Johnson for failing to warn about the risk of cancer from Baby Powder, as thousands of similar federal claims near trial.

Days after two California women were awarded $40 million over the development of ovarian cancer from Johnson’s Baby Powder, a Minnesota jury delivered another major verdict against Johnson & Johnson, ordering the company to pay $65.5 million to a woman who alleged its talc-based products caused her to develope mesothelioma cancer.

The lawsuit was brought by Anna Jean Houghton Carley, who accused Johnson & Johnson of exposing her to asbestos through its popular Baby Powder, indicating that she was diagnosed with mesothelioma earlier this year, which she indicated was a direct result of breathing the toxic particles that have contaminated the talcum powder for years.

Carley is one of tens of thousands of consumers, mostly women, who say they developed various forms of cancer after exposure to the manufacturer’s talc products. Johnson & Johnson faces more than 90,000 Baby Powder lawsuits and Shower-to-Shower lawsuits filed in state and federal courts nationwide, each involving similar claims alleging women developed mesothelioma, ovarian cancer or other reproductive malignancies after years of applying the powder to their genitals as a form of odor and moisture control.

While Johnson & Johnson has consistently denied that its talc products contain asbestos or pose a cancer risk, the verdict reflects another instance in which a jury sided against the company after reviewing the evidence.

Asbestos exposure, even at low levels, is known to cause serious and often life-threatening health conditions, including lung cancer and mesothelioma. These risks have led to asbestos-containing products being largely banned worldwide in recent decades. However, evidence has emerged over the past few years that suggests bottles of Johnson’s Baby Powder are often contaminated with asbestos from the raw talc ingredients.

One of the most devastating illnesses linked with asbestos exposure is mesothelioma, a rare and aggressive form of cancer that develops in the lining of the lungs or abdomen. Mesothelioma is only known to be caused by exposure to asbestos. The disease is particularly dangerous because of its long latency period, with symptoms often not appearing until decades after exposure, by which time the cancer is typically at an advanced stage with limited treatment options.

Talcum Powder Lawsuit Verdicts

The trial over Carley’s allegations was held in Ramsey County District Court in Minnesota, lasting 13 days. Late last week, the jury returned a verdict awarding Carley $65.5 million in compensatory damages.

Her attorneys showed the jury evidence that Johnson & Johnson knew about the potential risks of asbestos in their talcum powder products for years but failed to warn consumers. Johnson & Johnson attorneys have vowed to appeal the verdict.

The decision is one of a number of recent jury verdicts against Johnson & Johnson resulting in massive monetary awards for plaintiffs. On December 12, a California jury awarded $40 million to two women who filed talcum powder cancer lawsuits after being diagnosed with ovarian cancer.

In late October, a Florida jury ordered the company to pay Irene Casaretto $20 million for the death of her husband, who died of mesothelioma. Two weeks earlier, a California jury hit Johnson & Johnson with a $966 million verdict in favor of the family of another woman, Mae Moore, who died due to similar circumstances.

Federal Talcum Powder Lawsuit Bellwether Trials

While all of these latest verdicts occurred in various state courts, the first federal bellwether trial is expected to begin early next year, and will involve a talcum powder ovarian cancer lawsuit brought by Carter Judkins, who indicates she was diagnosed with ovarian cancer in December 2016, after using Johnson’s Baby Powder as part of her daily routine for more than 30 years.

All federal talcum powder cancer lawsuits have been consolidated into a multidistrict litigation (MDL) in the District of New Jersey, where they are currently being overseen by U.S. District Judge Michael Shipp for coordinated discovery and pretrial proceedings.

While the outcome of the bellwether trials will have no binding effect on other claims, they will be used to gauge how juries may respond to evidence and testimony that will be repeated throughout the litigation. What those juries decide could help determine the potential size of any talcum powder cancer settlement payouts Johnson & Johnson ultimately agrees to pay to resolve future claims.

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