Jury Hits J&J With $750M Talc Verdict
The judge in the case is likely to slash the punitive damages award to $185 million.
February 06, 2020 at 04:00 PM
4 minute read
The original version of this story was published on New Jersey Law Journal
A jury hit Johnson & Johnson with a $750 million verdict on Thursday in a trial alleging its baby powder caused four people to get mesothelioma, but the judge is likely to reduce the award to $185 million.
A New Jersey jury issued the award, which was all punitive damages, after less than a day of deliberations and about three weeks of trial. The punitive damages add to a $37 million compensatory damages verdict that a separate jury awarded in the same case in September.
"We are pleased that justice is done," wrote Christopher Placitella of Cohen, Placitella & Roth in Red Bank, New Jersey, who tried the case with Chris Panatier of Dallas-based Simon Greenstone Panatier.
The award goes to plaintiffs Douglas Barden and his wife, Roslyn Barden; David Ethridge and his wife, Darlene Etheridge; D'Angella McNeill; and Elizabeth Ronning, the widow of Will Ronning, who died on Oct. 5. The verdict, according to Courtroom View Network's coverage of the trial, included awards of $93.75 million for each plaintiff against Johnson & Johnson, and another $93.75 million for each plaintiff against its unit, Johnson & Johnson Consumer Inc.
"Today's verdict is at odds with the decades of evidence showing that the Company acted responsibly, was guided by sound science and used the most sophisticated testing available for its talc," Johnson & Johnson said in a statement. "We will quickly move forward with an appeal of both phases of this trial based on the numerous legal errors that subjected the jury to irrelevant information and prevented them from hearing meaningful evidence."
John Beisner, a partner at Skadden, Arps, Slate, Meagher & Flom who represents Johnson & Johnson, said in an additional statement: "This trial was an outlier from the very beginning with the highly unusual and prejudicial two phases and was riddled with legal error all throughout. We have strong grounds to appeal this verdict and look forward to a full appellate review."
In the first phase of the trial, Middlesex County Superior Court Judge Ana Viscomi struck the closing argument of Johnson & Johnson's attorney, Diane Sullivan, of Weil, Gotshal & Manges, after she "denigrated" plaintiffs' counsel, calling them "sinister" and "attacking the profession." Johnson & Johnson moved for a mistrial based on the judge's action. Viscomi denied the mistrial motion but did not give her reasons on the record.
In the punitive damages phase, Johnson & Johnson turned to Allison Brown of Skadden Arps, and Morton Dubin, who joined King & Spalding earlier this month from Orrick, Herrington & Sutcliffe. John Garde of McCarter & English also represents J&J.
In March 2019 Brown and Dubin obtained a defense verdict in another mesothelioma case against Johnson & Johnson in Middlesex County, which is home to Johnson & Johnson's headquarters. And in October 2018, Brown, then at Weil, partnered with Sullivan to win another defense verdict there.
In December 2019, Brown scored a defense verdict for Johnson & Johnson in Missouri, but Dubin was on the trial team that lost a record $4.7 billion verdict in July 2018 in a case brought by 22 women alleging Johnson & Johnson's baby powder caused ovarian cancer.
In 2017, Dubin won the first talc trial over mesothelioma in Los Angeles Superior Court, where he went up against Panatier.
Panatier won a $25.75 million award in May 2018 in a mesothelioma case in Los Angeles Superior Court against Johnson & Johnson.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRead the Document: DOJ Releases Ex-Special Counsel's Report Explaining Trump Prosecutions
3 minute readAttorney Sanctioned $9K for Revealing Nude Photos, Other Info in Court Filing
4 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250