Jury Awards $63M in Mesothelioma Case Against J&J
Legislation & Litigation
Written by Travis Rodgers | Edited By Amy Edel
A jury in South Carolina has awarded Michael Perry $63.4 million. Perry, who was diagnosed with mesothelioma in July 2023, filed a lawsuit against Johnson & Johnson, claiming daily use of the company’s talc-based baby powder caused his cancer.
The jury also found co-defendant American International Industries negligent and liable. AII is a California-based cosmetics manufacturer known for its beauty and skin-care products. The jury says it found clear evidence that both companies’ actions were “willful, wanton or reckless.”
During the trial, Perry’s attorneys argued J&J was aware of the dangers of its talc-based products for years but kept it a secret from the public. Court documents from previous lawsuits have proven the company discussed asbestos contamination possibilities and risks related to the talc used in its products since the 1950s.
“Neither Michael nor any other consumer should be put in harm’s way,” said attorney Ben Adams. “Johnson & Johnson continues to refuse to accept accountability for the lives they’ve taken. But today, the jury saw through their tactics and delivered a measure of justice. And for that, we are deeply grateful.”
J&J Says It Will Appeal the Verdict
J&J continues to insist its talc products weren’t contaminated with asbestos and don’t cause cancer. Instead, the company suggested Perry’s mesothelioma is the result of working with asbestos-containing brake pads in his father’s garage.
J&J Worldwide Vice President of Litigation Erik Haas claims: “The Court made a series of erroneous rulings before and during the trial that prevented Johnson & Johnson— and the other manufacturer defendant — from presenting its defense and forced the Company to move for a mistrial on multiple grounds. We will immediately appeal and are confident that the verdict will be reversed, like the majority of aberrant adverse verdicts that have no basis in the law or science. The verdict is irreconcilable with the decades of independent scientific evaluations confirming talc is safe, does not contain asbestos and does not cause cancer.”
According to research from the National Institutes of Health published in the Journal of Clinical Oncology, talcum powder can cause ovarian cancer. The risk is higher for those exposed to talc for longer periods of time or more frequently. More than 50,000 U.S. women ages of 35 to 74 years old were involved in the study. Perry is one of thousands of people who’ve filed a talc lawsuit against J&J, claiming its products cause cancer. The company recently earned approval to move forward with a proposed $6.475 billion settlement plan that will resolve 99.75% of its remaining lawsuits.
