Johnson & Johnson Ordered to Pay $42 Million in Talc Case

A jury has ordered Johnson & Johnson to pay over US$42 million to a Massachusetts man, Paul Lovell, who claims that decades of using the company’s talc products caused him to develop mesothelioma, a rare and aggressive form of cancer. The verdict was delivered on October 3, 2023, following a trial that highlighted allegations that the company knowingly sold talc products containing asbestos without adequately warning consumers of the associated risks.

Mr. Lovell and his wife, Kathryn Lovell, filed their lawsuit against Johnson & Johnson in 2021, asserting that Paul’s condition resulted from inhaling fibers released from the company’s talc products. The jury awarded the Lovells a total of US$42,608,300 to cover pain and suffering, medical expenses, and other damages linked to the illness.

In response to the ruling, the Lovells’ attorneys expressed hope that Johnson & Johnson would accept responsibility and refrain from prolonged appeals, which could delay justice for the family. “We hope they will acknowledge their liability and not make the family go through years of appeals,” they stated.

Erik Haas, Johnson & Johnson’s global vice-president of litigation, criticized the verdict, labeling it as grounded in “junk science.” He indicated that the company intends to appeal the decision, maintaining that their talc products are safe, free from asbestos, and do not cause cancer. In 2020, Johnson & Johnson ceased the sale of talc-based baby powder in the United States, opting instead for a cornstarch alternative.

The company has faced multiple significant verdicts related to mesothelioma claims in recent years. In April 2022, an Illinois jury awarded a woman with mesothelioma US$45 million, while a jury in Oregon later awarded another woman US$260 million. Additionally, a US$15 million verdict was handed down in October 2022 in a separate mesothelioma case, and a Massachusetts jury granted US$8 million earlier this year.

Despite these losses, Johnson & Johnson has achieved success in some appeals. In September 2023, an Oregon state judge overturned the US$260 million verdict in a previous mesothelioma case, ordering a new trial.

The lawsuits against Johnson & Johnson regarding talc products are part of extensive litigation in both federal and state courts. There are over 63,000 plaintiffs claiming they developed cancer after using the company’s talc-based products, and this figure may rise to 100,000 when including those who have not yet filed suit. While a majority of these cases allege ovarian cancer, those specifically claiming mesothelioma constitute a smaller segment.

The company has attempted to settle claims through bankruptcy proceedings, which have faced significant opposition from plaintiffs’ attorneys. A bankruptcy proposal earlier this year, which would have involved Johnson & Johnson paying US$10 billion to resolve thousands of lawsuits alleging that its talc products caused gynecologic cancers, was rejected by a U.S. bankruptcy judge in March. Notably, claims alleging that talc caused mesothelioma were excluded from this bankruptcy plan.

Although Johnson & Johnson has settled some talc-related claims in the past, it has not established a nationwide settlement framework. The ongoing legal battles reflect the complex and contentious landscape surrounding the safety of talc products and the implications for consumers.