J&J talc verdict overview:
- Who: An Oregon state judge axed a $260 million verdict awarded to a woman who filed a complaint against Johnson & Johnson.
- Why: The woman argued she developed cancer from using Johnson & Johnson talcum powder. The judge who reversed the verdict has not issued a written opinion explaining her decision at this time.
- Where: The case is in the 4th Judicial District of Oregon, Multnomah County.
An Oregon state judge has reportedly rejected a $260 million verdict awarded to a woman who argued talcum powder manufactured by Johnson & Johnson was responsible for her developing cancer.
The judge, who has not issued a written opinion explaining her decision as of this writing, axed a June verdict against Johnson & Johnson that saw a jury award Kyung Lee and her husband $200 million in punitive damages and $60 million in compensatory damages, reports Law360.
Lee, who filed her complaint alongside her husband in May, reportedly argued she developed mesothelioma from breathing in asbestos during daily use of Johnson & Johnson’s talc powder.
Counsel for Lee said they plan to appeal the decision to vacate the verdict, according to Law360.
J&J reacts positively to judge’s decision to nix talc powder verdict
Johnson & Johnson reportedly reacted positively to the judge’s decision, with a spokesman for the company saying in a statement that the jury’s verdict was the “direct result” of “numerous egregious errors committed by the plaintff’s lawyers.”
“Only through such prejudicial conduct have these lawyers secured their recent aberrant adverse jury verdicts, which have no basis in the law or science,” J&J Worldwide Vice President of Litigation Erik Haas said in a statement, as reported by Law360.
Counsel for Lee, however, reportedly said they disagree with the decision to vacate the jury verdict and that they are prepared to explain to an appellate court “why the verdict should be allowed to stand.”
Lee argued in her complaint that Johnson & Johnson’s talc powder had been used on her from the time of her birth in 1974 and that she continued using the product into her 30s.
The lawsuit also claimed Johnson & Johnson has been aware its talc contains asbestos. The company, however, maintains its talc powder is safe and neither contains asbestos nor causes cancer, reports Law360.
In a separate case, a jury in South Carolina awarded more than $63 million to cancer patient Michael Perry earlier this year over claims he developed terminal lung cancer from breathing in asbestos he argues was found in Johnson & Johnson’s talc-based baby powder.
Have you developed cancer from using Johnson & Johnson talc powder? Let us know in the comments.
The plaintiff is represented by Trey Branham, Benjamin Adams and Leonard Sandoval of Dean Omar Branham Shirley LLP.
The J&J talc verdict is In re: Lee v. Johnson & Johnson, et al., Case No. 23CV400369, in the 4th Judicial District of Oregon, Multnomah County.
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