Los Angeles Jury Awards $966 Million in Johnson & Johnson Mesothelioma Case

For purposes of this article, the late mesothelioma victim in this case will be referred to as M.M.

In a recent groundbreaking ruling, Johnson & Johnson (J&J) was ordered to pay almost one billion dollars to the family of M.M., a woman who died from malignant mesothelioma at the age of 88. M.M., the wife of a pastor, reportedly used the giant pharmaceutical’s famous baby powder for decades and believed that the asbestos in the product led to her fatal illness. The verdict awarded in this case is believed to be the largest ever awarded against J&J in a mesothelioma-related talc case.

M.M. was diagnosed with mesothelioma in December 2020. Despite undergoing treatment, she lost her battle with the disease about a year later. In 2021, her family initiated a wrongful death and survivorship claim against J&J, claiming that its talc-based baby powder was contaminated with asbestos. Till today, asbestos is the only known cause of mesothelioma. Asbestos can also cause other illnesses, such as ovarian cancer.

The lawsuit argued that J&J failed to inform consumers about the risks associated with its talc products and continued promoting them as safe despite scientific evidence connecting asbestos exposure to mesothelioma and ovarian cancer. M.M.’s family accused J&J of several things, including negligence, concealment and fraud, strict liability, and failure to warn.

M.M.’s family’s lawsuit was just one of many thousands filed by victims across the country who blame J&J’s products for their mesothelioma and ovarian cancer. The company’s controversial bankruptcy strategies have consistently hindered the progress of these cases. The company tried to protect itself from liability using a strategy called the “Texas Two-Step.” This involved J&J creating a subsidiary, transferring all talc-related liabilities, and then having the new company file for bankruptcy protection. Over the years, courts have rejected these filings, allowing claims, including M.M.’s family’s claim, to proceed.

After weeks of emotional testimony and detailed evidence, the jury took two days to deliberate and reach a verdict. The jury awarded M.M.’s family a whopping $966 million, broken down into;

• $6 million for the emotional distress the family experienced
• $10 million in non-economic damages
• $950 million in punitive damages

For a court to award punitive damages, it must be shown that the defendant acted with malice or oppression. This means the jury found that J&J’s actions constituted malice or oppression. Punitive damages are intended to punish the company and deter others from acting the same way in the future.

After the verdict, the company’s vice president of litigation said that J&J intends to appeal the decision. Meanwhile, M.M.’s family expressed their gratitude to the jury, highlighting that the late M.M. had trusted the product her entire life. In their statement, the family said that M.M. should not have suffered because of a product she believed was safe for her and her children. The family appreciated the jury for acknowledging M.M.’s story and delivering justice.

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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment and to help you and your family live a more comfortable life.