Jury Returns $37M Verdict in Suit Linking J&J Talc to Mesothelioma
The jury apportioned 70 percent of the award to Johnson & Johnson, maker of the Johnson's Baby Powder that 46-year-old plaintiff Steven Lanzo III said he had used all his life, and 30 percent to co-defendant Imerys Talc America, which produced the raw ingredient in the company's products.
April 05, 2018 at 06:04 PM
3 minute read
A jury in Middlesex County, New Jersey, awarded $37 million on Thursday in the case of a man who claimed he developed mesothelioma from lifelong use of Johnson & Johnson's talc products.
The jury apportioned 70 percent of the award to Johnson & Johnson, maker of the Johnson's Baby Powder that 46-year-old plaintiff Steven Lanzo III said he had used all his life, and 30 percent to co-defendant Imerys Talc America, which produced the raw ingredient in the company's products. The jury awarded $30 million to Lanzo and $7 million to his wife.
The jury is set to return on Tuesday to consider whether to award punitive damages.
The verdict for the plaintiff came after two months of trial before New Jersey Superior Court Judge Ana Viscomi.
The verdict marks the first time a plaintiff prevailed in a case linking J&J's talc products to mesothelioma. One other such case, brought by plaintiff Tina Herford, ended in a defense verdict in November 2017 in Los Angeles Superior Court.
Johnson & Johnson has also faced more than 5,000 suits by women who claimed they developed ovarian cancer from using J&J talc products for feminine hygiene.
In 2016, plaintiffs obtained three verdicts against the company—$55 million, $70 million and $72 million—in suits linking talc to ovarian cancer. In 2017, J&J saw one defense verdict in talc litigation, and two verdicts for plaintiffs—$110 million and $417 million. Two of the ovarian cancer verdicts, for $72 million and $417 million, have been reversed.
Lanzo said in his suit that he was a lifelong user of Johnson's Baby Powder and was diagnosed with the deadly disease two years ago. While mesothelioma is often associated with shipyard workers or other industrial jobs, Lanzo is a nonsmoker who never worked in an occupation that could expose him to asbestos.
Lanzo was represented by Moshe Maimon of Levy Konigsberg in New York.
Robert Brock of Kirkland & Ellis in Washington represented Johnson & Johnson.
Johnson & Johnson spokeswoman Carol Goodrich said on behalf of the company, “While we are disappointed with this decision, the jury has further deliberations to conduct in this trial and we will reserve additional comment until the case is fully completed.”
Imerys Talc America issued a statement from spokeswoman Gwen Myers.
“Our hearts go out to those affected by all forms of cancer. We are disappointed by the jury's decision, but we remain confident that talc did not cause Mr. Lanzo's cancer. The evidence was clear that his asbestos exposure came from a different source such as the asbestos found in his childhood home or schools, and the jury's decision is inconsistent with a recently published study of workers who mined and milled talc all day over the course of more than 50 years that did not find a single case of mesothelioma,” Myers said.
“Imerys follows all FDA and other regulatory guidelines and utilizes rigorous testing to ensure that our talc meets the highest quality standards, and we are just as confident in the safety of our products as ever. We intend to appeal this decision and will continue to stand by the safety of our product,” Myers said.
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