Jury Tries to Award $22M in Talc Case Defendant J&J Won
The jury in a mesothelioma case against Johnson & Johnson attempted to award plaintiff Michelle Felton $22 million even though J&J won the case. Jessica Dean, Felton’s attorney, said she had never seen a jury award damages on an issue not meant to be considered before.
Michelle Felton is executor of the estate of Michaeleen Lee who died of mesothelioma. Lee used J&J’s talcum powder for decades. The suit alleged the talc was contaminated with asbestos.
While J&J achieved a victory in the case, the jury members indicated on their verdict slip that there was negligence on the company’s part. When asked “Were any of the following entities negligent?” the jury checked “yes”for J&J.
When asked, “Was the negligence of any entity below a factual cause of any harm to Michaeleen Lee?” the jury checked “no.” The jury also didn’t fill out the “percentage of fault” for “factually causing harm to Michaeleen Lee.”
The jury did answer “yes” to question 6, however. It asks if the deceased relied “on any statement made by Johnson & Johnson, to conceal or omit material information about the safety of the product at issue as proven by clear and convincing evidence.”
The jury didn’t feel J&J’s “negligence” was “a factual cause of any harm to Michaeleen Lee.” But they did respond “yes” when asked if “Johnson & Johnson’s conduct in this case warrants a finding of Punitive Damages.”
The verdict slip concludes with question 10 that asks the amount of punitive damages they recommend be awarded to the plaintiff. The jury members wrote in “$22 million.” But because they’d found in favor of J&J on the issue of factual harm, the jury wasn’t meant to fill in question 10.
What Does the Jury’s Decision Mean?
The plaintiff and her attorney are reportedly considering what’s next following this unusual outcome. A post-trial challenge could be possible.
J&J’s Worldwide Vice President of Litigation Erik Haas released a statement expressing pleasure with the verdict. Haas claimed allegations J&J’s baby powder was asbestos-contaminated and caused cancer are “baseless,” “junk science” and “paid-for science fomented and financed by plaintiffs’ firms.”
Technically J&J did win the case. However, the jury members indicated in their verdict slip that they believe the company was negligent and intentionally misrepresented the safety of its talc products.
Settlement Decision for Other J&J Talc Cases Expected Soon
A judge will soon decide if J&J’s $8.2 billion offer to settle thousands of ovarian cancer lawsuits will be approved. Any remaining mesothelioma lawsuits will be addressed separately.
Approval of the settlement includes a third J&J attempt to file for bankruptcy protection. The company’s bankruptcy hearing is set for February 18, 2025.
The plan is for a J&J subsidiary to file Chapter 11 and take on the company’s legal liabilities. This strategy is known as the Texas Two-Step.
Senator Elizabeth Warren is challenging this strategy, sponsoring the Nondebtor Release Prohibition Act of 2024. If passed, this legislation would prevent nonbankrupt entities from using bankruptcy to avoid legal liability.
Talc Contamination and FDA Proposed Rule
Many lawsuits against J&J claim asbestos exposure from contaminated talc caused cancer. Both asbestos and talc are naturally occurring minerals. Asbestos can easily contaminate talc.
For decades, companies used talc in cosmetics, industrial products and personal hygiene products. Johnson’s Baby Powder was talc-based in the U.S. until 2020 and globally until 2023.
The U.S. Food and Drug Administration proposes new tests on all talc-containing products. The FDA’s proposal follows years of talc lawsuits.
Approval of the new checks would force manufacturers to test samples of all talc products using polarized light and transmission electron microscopy. The FDA accepts public comments on the proposed rule until March 27, 2025.
Asbestos is the primary cause of mesothelioma. It can also cause other asbestos-related diseases, including lung cancer, laryngeal cancer, asbestosis and COPD.