J&J talc trial verdict overview:
- Who: A Los Angeles jury ordered Johnson & Johnson to pay $40 million in compensatory damages.
- Why: The verdict is part of a bellwether trial over claims J&J’s talc products were a “substantial factor” in a pair of women developing ovarian cancer.
- Where: The Johnson & Johnson talc trial was filed in the California Superior Court.
- How to get help: Did you use talcum powder daily for at least 4 years and were later diagnosed with ovarian cancer? You may be eligible to join a class action lawsuit.
A jury in Los Angeles has ordered Johnson & Johnson to pay $40 million following a month-long bellwether trial revolving around claims its talc products were a “substantial factor” in a pair of women developing ovarian cancer.
The jury reached its verdict after six hours of deliberation on Friday, Dec. 12, according to a Law360 report. A married couple were reportedly awarded a total of $22 million in compensatory damages while another woman was awarded $18 million.
J&J, which is facing thousands of talc-related class action claims nationwide, was reportedly accused of — and found liable for — negligence, negligent failure to warn and false representation.
The bellwether talc trial was the first of three scheduled for Los Angeles Superior Court, since J&J abandoned an effort to spin off its talc unit into a separate entity and seek bankruptcy protection for it, reports Law360.
Jury finds J&J did not act with malice, fraud or oppression
In the latest Johnson & Johnson talc trial, the jury reportedly declined to award punitive damages, finding J&J did not act with malice, fraud or oppression.
Both plaintiffs argued internal J&J documents showed that the company pressured the U.S. Food and Drug Administration (FDA) to approve a more lenient type of testing that would not find asbestos in its talc, after a scientist discovered the mineral in its talc in the early 1970s, reports Law360.
The plaintiffs in the Johnson & Johnson class action lawsuit also argued internal J&J documents from the 1960s and 1970s proved the company knew talc may pose a risk due to unavoidable asbestos contamination.
J&J began manufacturing baby powder using talc and selling it in the United States in 1894. Cornstarch powder reportedly later replaced talc as the main ingredient in 2020 in the United States and in 2023 for international markets.
In another recent class action lawsuit, former FDA Commissioner David A. Kessler testified and accused J&J of hiding the health risks of its talc products for more than 50 years.
The Johnson & Johnson class action verdict is In re: Kent v. Johnson & Johnson et al., Case No. 17CV318672, and Schultz et al. v. Johnson & Johnson et al., Case No. 20CV0476, in the Superior Court of the State of California, County of Los Angeles.
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