Jury awards $63M in cancer patient’s J&J talc trial

Johnson & Johnson talc trial award overview: 

• Who: A South Carolina jury ordered Johnson & Johnson and American International Industries to pay more than $63 million to cancer patient Michael Perry. 
• Why: Perry filed a complaint against the companies over claims he developed terminal lung cancer from breathing in asbestos while using Johnson & Johnson talc-based baby powder.
• Where: The case was in Court of Common Pleas for the Fifth Judicial Circuit, Richland Court, South Carolina. 
• How to get help: Consumers who used baby powder or Shower to Shower body power on a daily basis for at least eight years and were later diagnosed with ovarian cancer or mesothelioma may have a legal claim.

A South Carolina jury awarded more than $63 million to an individual who argued he developed terminal lung cancer from breathing in asbestos in Johnson & Johnson talc-based baby powder. 

Plaintiff Michael Perry argued he developed terminal mesothelioma from daily exposure to the Johnson & Johnson talc-based baby powder. The complaint also named beauty product maker American International Industries as a co-defendant. 

The jury determined that negligence on behalf of Johnson & Johnson and AII was the “proximate cause” of Perry developing mesothelioma, reports Law360. 

The jury award reportedly includes more than $23 million in economic and other damages, in addition to $30 million in punitive damages to be paid by Johnson & Johnson and $760,000 to be paid by AII. 

Perry’s spouse, Lonnie Long, was also awarded more than $9.6 million in damages for loss of consortium, reports Law360. 

J&J found liable for selling talc-based baby powder that caused man’s cancer

In addition to negligence, the jury reportedly found Johnson & Johnson and AII were strictly liable for selling talc-based baby powder products that were the proximate cause of Perry’s injuries. 

The jury found Johnson & Johnson and AII guilty of conduct that was “willful, wanton or reckless,” with the latter determined to have further engaged in “fraudulent misrepresentation in selling its products,” that was found to be a proximate cause of Perry’s injuries, reports Law360.  

Perry and Long reportedly filed their complaint against Johnson & Johnson and AII after Perry’s mesothelioma diagnosis in July 2023. 

The complaint accused Johnson & Johnson of “intentionally and fraudulently” misrepresenting that its talc-based baby powder was safe and concealing the evidence of the product containing asbestos, reports Law360. 

In June, Johnson & Johnson agreed to pay $700 million and stop selling talc-based products in the U.S. as part of a nationwide settlement made to resolve claims it misled consumers about their safety. 

Were you diagnosed with cancer after using Johnson & Johnson talc-based baby powder? Let us know in the comments.

The plaintiffs are represented by Ben Adams, Rachel Gross and Jonathan George of Dean Omar Branham Shirley LLP and Theile McVey of Kassel McVey.

The Johson & Johnson talc trial award is In re: Perry, et al. v. American International Industries, et al., Case No. 2023-CP-40-04072, in the Court of Common Pleas for the Fifth Judicial Circuit, Richland Court, South Carolina. 

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