Calif. Jury Hands J&J Defense Verdict in Talc Case, While S.C. Matter Ends in Mistrial
A defense verdict in California gives Johnson & Johnson the upper hand in the litigation alleging its asbestos-containing talcum powder products caused mesothelioma.
November 16, 2018 at 12:33 PM
5 minute read
Johnson & Johnson avoided damaging verdicts in two trials this week alleging its baby powder caused mesothelioma.
In California, a jury rendered a defense verdict, giving Johnson & Johnson the upper hand in the litigation alleging its asbestos-containing talcum powder products caused mesothelioma, a deadly form of lung cancer. Until then, there were eight previous trials. Two ended with defense verdicts, most recently last month in New Jersey, while juries have awarded $25.75 million and $117 million to plaintiffs. The remaining cases ended in mistrials, most recently in South Carolina, where a jury Thursday deliberated a full day before coming back deadlocked at 11-1.
Kimberly Branscome, a partner at Kirkland & Ellis in Los Angeles, who was lead defense counsel in the California case, called the unanimous verdict a “positive turn of events” for Johnson & Johnson. She credited the outcome to a series of rulings that pushed back against the plaintiffs' experts' evidence at trial.
“We were able to point out a lot of the limitations and the flaws in the plaintiffs' case,” she said. “They use a lot of evidence that relates to talc that has nothing to do with Johnson's baby powder. We focused on those shortcomings, in addition to introducing the positive evidence of the safety of Johnson's baby powder.”
The California jury, in Humboldt County Superior Court in Eureka, found Wednesday that Johnson & Johnson's talcum powder products did not contribute to plaintiff Carla Allen's diagnosis. Allen's lawyers at Dallas-based Simon Greenstone Panatier had asked for $40 million in compensatory damages, plus punitive damages, according to Johnson & Johnson.
Johnson & Johnson spokeswoman Kimberly Montagnino said in an emailed statement: “We are pleased that the jury found that Ms. Allen's mesothelioma was not caused by the use of Johnson's Baby Powder. While we deeply sympathize with anyone suffering from any form of cancer, the science and facts show that her disease was not caused by her use of our talcum-based products. This is the second consecutive verdict in favor of Johnson & Johnson. Decades of clinical evidence and scientific studies by medical experts around the world support the safety of Johnson's Baby Powder.”
Following a trial of five weeks, the jury found for Johnson & Johnson on most, but not all, of the claims. According to the verdict form, the jury found that Johnson & Johnson's talcum powder products, which had a manufacturing defect, had exposed Allen to asbestos. Jurors also found that Johnson & Johnson had failed to warn about the dangers. But the jury also concluded that the manufacturing defect was not a “substantial factor” in causing Allen's mesothelioma, and that Johnson & Johnson's failure to warn wasn't a “substantial danger” to her. And the jury found that the products contained no design defect that had failed “to perform as safely as an ordinary consumer would have expected.”
Branscome, who handled the trial with fellow partners Chad Morriss, based in Washington D.C., and Jay Bhimani, based in Los Angeles, said the verdict reflects how the jury considered other exposures that Allen might have had to asbestos, besides Johnson & Johnson's talcum powder products.
“The plaintiffs' strategy is to focus on cosmetic talc and, in our opinion, their experts are not investigating other potential causes of the plaintiffs' disease—in this case, not only the exposure she might have had as a child, but then her job, and husband's job, but also her grandfather's medical history,” she said.
But the mixed verdict raised alarms for David Greenstone, a shareholder in Simon Greenstone who represented Allen.
“We always respect the jury and its process, but are finding it difficult to understand the outcome,” he wrote in an email. “The jury found that the Johnson & Johnson product contained asbestos, and they found our client was exposed to it. They even found that the company failed to warn of the dangers the product contained. And yet, they found it didn't cause her mesothelioma. Those findings don't seem to agree with each other.”
In South Carolina, it was the second go-round for the case. In the first trial in May, a jury at Darlington County Circuit Court failed to reach a verdict.
Motley Rice's W. Christopher Swett, an associate in Mount Pleasant, South Carolina, represented the widow of Bertila Boyd-Bostic, a lawyer who died at age 30. Johnson & Johnson unsuccessfully fought to delay the retrial because its lead counsel, Michael Brown of Nelson Mullins Riley & Scarborough in Baltimore, had a scheduling conflict. Stepping in for Brown was William “Billy” Martin, a partner at Barnes & Thornburg in Washington, D.C., whose defense team included fellow partner Sarah Johnston and Sandra Ko, of counsel, both in Los Angeles, and John Ewald, a partner at Orrick, Herrington & Sutcliffe in New York.
“The jury is not going to change their minds,” jurors wrote in a note Thursday, according to coverage of the trial by Courtroom View Network. “No amount of time will change this.”
Previous trials over Johnson & Johnson's talcum powder and mesothelioma have occurred during the past year in Los Angeles Superior Court and Middlesex County Superior Court in New Jersey. Juries in Los Angeles have ended in mistrials in three cases, a defense verdict in a fourth, and awarded $25.75 million in a fifth. And juries in New Jersey awarded $117 million in one trial, and issued last month's defense verdict.
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
© 2024 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 AllApple Asks Judge to 'Follow the Majority Practice' in Dismissing Patent Dispute Over Night Vision Technology
AI Startup Founder Defrauded Investors of Millions, US Prosecutors Say
3 minute readUber Not Responsible for Turning Over Information on 'Dangerous Riders' to Competitor, Judge Finds
5 minute readTrending Stories
- 1Weil Practice Leaders Expected to Leave for Paul Weiss, Latham
- 2Senators Grill Visa, Mastercard Execs on Alleged Anti-Competitive Practices, Fees
- 3Deal Watch: Gibson Dunn, V&E, Kirkland Lead Big Energy Deals in Another Strong Week in Transactions
- 4Advisory Opinion Offers 'Road Map' for Judges Defending Against Campaign Attacks
- 5Commencement of Child Victims Act at Heart of Federal Question Posed to NY's Top Court
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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