Johnson & Johnson talc lawsuit overview:
- Who: A Philadelphia jury returned a verdict against Johnson & Johnson in a talc ovarian cancer case brought by the estate of Gayle Emerson.
- Why: The jury found the company liable for allegedly contributing to Emerson’s fatal ovarian cancer through use of its talcum powder.
- Where: The verdict was handed down in Pennsylvania state court.
- How to get help: Did you use talc powder on a daily basis for at least four years and were later diagnosed with ovarian cancer? If so, you may be eligible to join a talc powder class action lawsuit.
A Philadelphia jury has ordered Johnson & Johnson to pay $250,000 in damages after finding the company liable in a talc ovarian cancer lawsuit involving a woman who used its baby powder for decades.
The verdict, reached after three weeks of trial and several days of deliberations, awarded $50,000 in compensatory damages and $200,000 in punitive damages to the estate of Gayle Emerson, according to court reporting.
The case marks the first win for a plaintiff in Philadelphia’s roughly 175-case talc mass tort following a 2021 defense verdict in the city’s first talc trial. Litigation in Philadelphia was paused for several years while courts addressed bankruptcy proceedings involving Johnson & Johnson’s spun-off talc unit.
At closing arguments, counsel for Emerson’s estate argued that Johnson & Johnson concealed the presence of asbestos in its talcum powder products for decades, exposing consumers to cancer risks.
The plaintiff’s attorney urged jurors to consider the company’s net worth when determining punitive damages and to “send a message” with their verdict.
Defense attorneys countered that the plaintiff failed to prove talc caused Emerson’s cancer, pointing instead to other possible risk factors, including age, obesity and personal health history. They argued the scientific evidence did not support claims that Johnson’s baby powder caused ovarian cancer.
Verdict smaller than other recent talc awards
While the jury found Johnson & Johnson liable, the $250,000 award is significantly smaller than other recent talc verdicts nationwide. Jurors in Baltimore and Los Angeles returned awards of $1.5 billion and $40 million, respectively, in December, and a California court issued a $966 million judgment in October.
Emerson, a Philadelphia native who worked as a tax preparer, died in 2019 after filing suit.
In a statement following the verdict, Johnson & Johnson’s vice president of litigation characterized the award as a “token verdict” and criticized the scientific basis of the claims.
The plaintiff’s counsel said the damages amount was lower than expected but emphasized that the jury found the company responsible for Emerson’s death.
Johnson & Johnson has faced tens of thousands of lawsuits alleging that its talc-based baby powder products contained asbestos and caused ovarian cancer or mesothelioma. The company has denied the allegations and maintains its products are safe.
Meanwhile, a Minnesota jury awarded $65.5 million to a mother of three who claimed Johnson & Johnson’s talc products exposed her to asbestos and caused cancer in her abdominal lining.
What do you think of the verdict in this J&J talc lawsuit? Let us know in the comments.
Emerson and her estate are represented by Leigh P. O’Dell, David P. Dearing, Ted G. Meadows and Ryan Beattie of Beasley Allen Law Firm and Richard M. Golomb and Kevin W. Fay of Golomb Legal.
The Johnson & Johnson talc lawsuit is Emerson v. Johnson & Johnson, Case No. 190509334, in the Court of Common Pleas of Philadelphia County, Pennsylvania.
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