$966 Million Jury Verdict for Family in Talcum Powder Case
A Los Angeles jury ordered Johnson & Johnson to pay $966 million to the family of a woman who died from mesothelioma. They found the company was liable in a lawsuit alleging its baby powder caused her fatal cancer.
Satterley & Kelley, PLLC attorneys have successfully represented people diagnosed with mesothelioma caused by their use of asbestos-containing talcum powder. If you’re in this situation, contact us at 855-385-9532 to learn more about how we can help you obtain compensation for your injury.
California Wrongful Death Case Involves Mesothelioma and Baby Powder
Mae Moore died in 2021, and her family sued the company that year, Reuters reports. They allege in their wrongful death lawsuit that Johnson & Johnson’s talc baby powder contained asbestos fibers that caused her fatal cancer. The jury agreed in an October decision and ordered the company to pay the following:
- $16 million in compensatory damages
- $950 million in punitive damages
Compensatory damages represent payment for losses the family suffered due to Moore’s death. Punitive damages punish the defendant for its actions, and to discourage it and others from taking similar actions in the future.
The company claims its products are safe, its talcum powder products didn’t contain asbestos, and they do not cause cancer. In 2020, Johnson & Johnson stopped selling talc-based baby powder in the US, switching to cornstarch, according to the Independent.
Mesothelioma is a cancer affecting the linings of the lungs, heart, abdominal organs, and the abdominal and chest cavities. It’s treatable but currently incurable. The American Cancer Society estimates the five-year survival rate after diagnosis varies depending on the stage, with an average of 15%.
Johnson & Johnson is facing lawsuits filed by more than 67,000 plaintiffs claiming their cancers were caused by baby powder and other talc products contaminated with asbestos. Plaintiffs with mesothelioma are a small subset of these legal actions. The vast majority are women alleging their ovarian cancer was caused by Johnson & Johnson products.
The company announced it will appeal the decision. The punitive damages may be reduced. The US Supreme Court has ruled that punitive damages awards exceeding nine times compensatory awards deprive defendants of their Constitutional right to due process before the government can take their property. Johnson & Johnson has unsuccessfully tried to resolve cases against it through bankruptcy proceedings.
What is Talcum Powder?
Talc is a naturally occurring mineral that’s used in talcum powder after it’s processed. Talcum powder is used in cosmetic products (baby powder, foot powders, and deodorants), ceramic tiles, molding compounds, and hygienic products. Talc is also used during the manufacture of various products, including tires.
Due to contaminated talcum powder’s potential for causing cancer, many of these products and processes now use alternatives.
What is Asbestos?
Asbestos is a group of minerals that are resistant to corrosion and heat. Its fibers are highly versatile, non-flammable, incredibly strong, durable, and, in the past, cheap to mine and fashion into products.
It was used in various ways starting about 4,000 years ago. It was used in textiles, auto parts, floor tiles, adhesives, and construction materials. Most asbestos use has been banned in the US, but a few remain.
Why is Asbestos Hazardous?
Asbestos fibers are very light and microscopic in size. If they’re mixed with talcum powder, they can easily become airborne. Anyone in the area may inhale or swallow asbestos fibers without realizing what’s going on.
Because they’re so durable and strong, once in the body, they lodge into tissue and withstand the body’s response to destroy them. Nearby tissue becomes scarred and inflamed. After years or decades, genetic mutations resulting from the body’s interaction with asbestos fibers cause mesothelioma and other cancers.
Why is Talcum Powder Contaminated with Asbestos?
Talc is found in rock deposits that may also contain asbestos, which is a known mesothelioma cause. During mining or processing, asbestos fibers can become mixed with talc. Insufficient quality control can lead to the sale of contaminated talc products to the public.
How Can You Prove Talcum Powder Caused Mesothelioma?
Causation is a critical issue in asbestos-related lawsuits. The plaintiff (you, the injured party) has the burden of proving that it’s more likely than not that the defendant (Johnson & Johnson) caused your injury (mesothelioma) and the related physical, emotional, and financial harm that followed.
You need to establish the following:
- You have mesothelioma
- You used Johnson & Johnson baby powder
- It caused your illness
Your diagnosis can be established through medical records and testimony. Except for extremely rare cases, asbestos causes mesothelioma.
Your use of baby powder may be shown through your testimony and that of family members who saw you use it over the years. There’s scientific evidence from prior litigation that Johnson & Johnson baby powder had asbestos fibers in it, and company documents show they were aware of the problem.
The company may raise as a defense that you can’t prove that the asbestos causing your mesothelioma came from their baby powder. Although asbestos was used in thousands of products, you don’t have a record of exposure to them.
Your jobs didn’t involve working with asbestos products and, as far as you know, they weren’t present in your workplace or home. Your explanation is that the baby powder that you regularly used for years has been shown to be contaminated with asbestos.
Take Legal Action Now — Contact Our Firm
If you develop mesothelioma or another type of asbestos-related cancer, and used cosmetic talcum powder, you may be entitled to compensation. Let Satterley & Kelley, PLLC be your boots on the ground seeking maximum compensation for you and your family.
Call us at 855-385-9532, locally at 502-589-5600, or contact us online to schedule a free initial consultation with a Satterley & Kelley, PLLC lawyer.