Johnson & Johnson Baby Powder Lawsuit Results in $15M Verdict for Connecticut Man Diagnosed With Mesothelioma

Jury indicates Johnson & Johnson should pay additional punitive damages in the talcum powder mesothelioma verdict, which will be determined at a later date.

A Connecticut man who developed mesothelioma after exposure to asbestos-tainted Johnson & Johnson Baby Powder products has been awarded $15 million by a jury in his home state, which also determined that the manufacturer should be forced to pay additional punitive damages as a punishment.

The lawsuit was originally filed by Evan Plotkin in 2021, and is one of a dwindling number of remaining talcum powder mesothelioma lawsuits being handled by state courts nationwide, each raising similar allegations that asbestos particles in bottles of Baby Powder caused the rare cancer diagnosis.

Mesothelioma is only known to be caused by exposure to asbestos particles. There is no known cure for the cancer, and it is usually not diagnosed until decades after asbestos exposure. As a result, it is often already at an advanced stage by the time it is detected, leading to a very short life expectancy after diagnosis.

Plotkin claimed he developed mesothelioma after years of breathing in Johnson’s Baby Powder that contained asbestos in the raw talc ingredients. The jury agreed after considering evidence in the case, not only awarding him $15 million in compensatory damages, but also determining that Johnson & Johnson must pay punitive damages as well, for disregarding the health and safety of consumers. However, that amount will be decided at a later date.

While Johnson & Johnson faces tens of thousands of Baby Powder lawsuits over cancers caused by asbestos in the talcum powder products, the company has indicated that it already resolved 95% of claims involving a mesothelioma diagnosis. The remaining cases are primarily gynecological cancer claims, mainly dealing with cases of ovarian cancer.

Last month, Johnson & Johnson announced that it was attempting to resolve the remaining talcum powder ovarian cancer lawsuits through a $9 billion bankruptcy filing in Texas, which attempts to transfer liability the manufacturer faces onto a newly created subsidiary, called Red River Talc LLC, which was established entirely for the purpose of going bankrupt.

This is Johnson & Johnson’s third attempt to resolve the talcum powder litigation claims through bankruptcy. The previous two efforts were shot down by federal courts, who indicated Johnson & Johnson has failed to show enough financial distress to justify the attempted bankruptcies, which would limit how much plaintiffs can recover for their injuries.

Given common questions of fact and law raised in the complaints, talcum powder cancer lawsuits filed in federal courts nationwide have been centralized in the U.S. District Court for the District of New Jersey since 2016, and are currently being overseen by U.S. District Judge Matthew Shipp.

While a number of state court talcum powder lawsuits have resulted in massive verdicts, no federal trials have yet been held. Judge Shipp has scheduled the first federal bellwether trial to begin in December 2024, which will be closely watched to gauge how juries may respond to evidence and testimony that will be repeated throughout the litigation if a global settlement is not reached.

Although a number of plaintiffs pursuing lawsuits against Johnson & Johnson strongly oppose this latest talcum powder bankruptcy settlement offer, arguing that it fails to properly compensate women who suffered the most serious injuries and will delay payouts for years, the manufacturer claims that the deal has the support of over 75% of potential claimants.