Manhattan Jury Awards $25M Verdict in Case Linking Talc Products to Mesothelioma
A Manhattan jury has awarded $25 million to a woman who said she developed mesothelioma from prolonged exposure to asbestos-containing talcum powder.
May 22, 2019 at 01:15 PM
3 minute read
A Manhattan jury has awarded $25 million to a woman who said she developed mesothelioma from prolonged exposure to asbestos-containing talcum powder.
The verdict was handed up Tuesday before New York Supreme Court Justice Gerald Lebovits. The verdict was awarded entirely for compensatory damages, and the parties are set for a second phase of trial to take place to specifically address the plaintiff's punitive damages claims.
According to court documents, plaintiff Donna A. Olson contended that she regularly used talcum powder, including Johnson & Johnson's baby powder, from her childhood—beginning roughly in the year 1953—to 2015, and that this exposure caused her to develop mesothelioma. Olson also contended that, from the 1930s through the 1960s, the defendants should have become aware of the scientific data establishing the link between asbestos-containing products and cancer.
She contended that the defendants failed to properly warn about the dangers of the talc products, and raised negligence and strict liability claims.
In court papers, the defendants disputed whether the J&J baby powder Olson used actually contained asbestos.
In an emailed statement, J&J spokeswoman Kim Montagnino said the company believes the verdict will be reversed on appeal.
“This trial suffered significant legal and evidentiary errors—one of the most egregious being the demonstrably false testimony from the plaintiff's central expert, which prompted us to move for mistrial,” she said. “As the jury was prevented from being made aware of the falsities in his testimony, we believe these errors will warrant a reversal on appeal.”
Tuesday's verdict was the latest in a series of wins for plaintiffs over the past year.
In April 2018, Johnson & Johnson and co-defendant Imerys Talc America Inc. were hit with a $117 million verdict in New Jersey state court. And in October 2018, another Middlesex County, New Jersey, jury issued a defense verdict after a trial on behalf of plaintiff Rosalind Henry.
The Middlesex County courthouse, where the trials were held, is a short walk from Johnson & Johnson's global headquarters in downtown New Brunswick, New Jersey.
Besides the $117 million Middlesex verdict, plaintiffs claiming the company's talc products caused them to develop mesothelioma have won two other verdicts: a $25.75 million case in Los Angeles and a $29 million verdict from an Alameda County jury.
The defendants, however, notched up two wins in New Jersey court, and litigation in California linking mesothelioma to J&J's talc products has ended in two defense verdicts and six mistrials.
According to court documents, Olson was represented by attorneys from Levy Konigsberg. Attorney Jerome Block of Levy Konigsberg did not return message seeking comment.
The defense team consisted of attorneys from Hoagland, Longo, Moran, Dunst & Doukas, Litchfield Cavo, Patterson Belknap Webb & Tyler, and Landman Corsi Ballaine & Ford.
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