$260 Million Mesothelioma Verdict Awarded in Johnson & Johnson Lawsuit

Johnson & Johnson is again on the wrong end of an extraordinary mesothelioma lawsuit.

The health and beauty conglomerate was hit with a $260 million verdict in a mesothelioma trial. The verdict, delivered by a jury in Oregon, was awarded to a mother of three with the rare and aggressive cancer mesothelioma.

Kyung L., a 49-year-old woman of Beaverton, Oregon, used Johnson & Johnson talc cosmetics throughout her life. She was diagnosed with pleural mesothelioma in August 2023.

Pleural mesothelioma is a cancer of the lining of the lungs. It quickly spreads to the lungs and has an average survival of 12-16 months.

The mesothelioma verdict awarded to Kyung L. is one of the largest against Johnson & Johnson. The jury awarded $60 million in punitive damages and $200 million in compensatory damages.

Punitive damages are awarded to the victim as restitution for the wrongdoing. Compensatory damages are intended to punish the at-fault party and deter other companies from committing the same errors.

The jury concluded Johnson & Johnson was responsible for the victim’s cancer due to potential asbestos contamination in Johnson & Johnson Baby Powder.

 

Reason for Lawsuits Against Johnson & Johnson

Johnson & Johnson Baby Powder is no longer manufactured and sold. This product was made with a natural mineral called talc. The mineral was ground into a powder – called talcum powder – to absorb moisture. Talc and asbestos are unfortunately connected.

Asbestos can contaminate talc, and small asbestos fragments can hide in talcum powders such as Johnson & Johnson Baby Powder. The potential contamination of asbestos makes the product and similar talcum powders dangerous. Asbestos can cause mesothelioma, ovarian cancer and lung cancer.

Mesothelioma is diagnosed in approximately 2,500 people in the U.S. each year. It is one of the rarest types of cancer and also one of the deadliest. The 5-year survival rate for mesothelioma is less than 10%.

People who used Johnson & Johnson Baby Powder have filed lawsuits against the company for several years. The lawsuits claim Johnson & Johnson knew talc was dangerous and asbestos contamination was possible yet continued to manufacture, market, and sell the product to consumers.

 

Johnson & Johnson Attempts to Avoid Lawsuits

Johnson & Johnson is attempting a bankruptcy maneuver called the “Texas Two-Step” to avoid facing cancer victims in court.

The company’s plan is to create a shell subsidiary company and transfer legal liabilities related to the company’s Baby Powder. The subsidiary – titled LTL Management – then files for bankruptcy. A bankrupt company cannot be sued in court.

As part of the bankruptcy, Johnson & Johnson would settle pending lawsuits and create a trust fund to compensate cancer victims who have not yet filed claims.

Johnson & Johnson faces nearly 60,000 pending cancer lawsuits like the mesothelioma lawsuit in Oregon. The company tried the Texas Two-Step tactic twice before, and both attempts were rejected by bankruptcy courts in New Jersey.

The company’s third attempt to use a bankruptcy shield against talc cancer lawsuits pledges $6.48 billion to settle pending ovarian cancer lawsuits. Ovarian cancer accounts for approximately 95% of the pending claims. This proposal does not address pending mesothelioma lawsuits.

The bankruptcy proposal is being considered in Texas bankruptcy courts. This state is more favorable than most other states to the tactic, hence the name “Texas Two-Step”, as the legal maneuver originated in Texas.

Five women filed a class action lawsuit against Johnson & Johnson in May alleging fraud. The suit claims the company is committing fraud with the Texas Two-Step strategy to block billions of dollars from cancer victims.