California Jury Hits Johnson & Johnson With $29M Talc Verdict
The verdict comes in the first mesothelioma trial in Alameda County Superior Court.
March 13, 2019 at 08:08 PM
4 minute read
A Northern California jury late Wednesday handed up a $29 million verdict against Johnson & Johnson in a case testing a claim that using its baby powder as a base for makeup or dry shampoo caused her to get mesothelioma.
The verdict excluded punitive damages, but included an award of $22 million in noneconomic damages to the Teresa Leavitt, who received a mesothelioma diagnosis in 2017. The jury's finding comes one day after a House subcommittee heard testimony about the safety concerns surrounding cosmetic talc.
Plaintiffs lawyer Joseph Satterley of Kazan, McClain, Satterley & Greenwood Satterley represented Leavitt and her husband Dean McElroy, of San Leandro, California. Satterley's team, which included firm colleague Denyse Clancy as well as Moshe Maimon of Levy Konigsberg in New York, in 2018 secured a $117 million verdict in New Jersey.
In an email, Maimon said, “Another jury has rejected J&J's misleading claims that its talc was free of asbestos. The internal J&J documents that the jury saw, once more laid bare the shocking truth of decades of cover-up, deception and concealment by J&J.”
Johnson & Johnson immediately vowed to appeal the verdict. A spokeswoman said the New Jersey-based company was “disappointed” with the verdict “because Johnson's baby powder does not contain asbestos or cause cancer.”
“There were serious procedural and evidentiary errors in the proceeding that required us to move for mistrial on eight different points during the proceeding,” wrote Kimberly Montagnino in an emailed statement. “Plaintiffs' attorneys have fundamentally failed to show that Johnson's baby powder contains asbestos, and their own experts concede that they are not recognizing the accepted definition of asbestos and are ignoring crucial distinctions between minerals that are asbestos and minerals that are not. We respect the legal process and reiterate that jury verdicts are not medical, scientific or regulatory conclusions about a product.”
The trial was the first in Alameda County Superior Court. It was the latest of about a dozen jury verdicts involving Johnson & Johnson's talcum powder products and mesothelioma. The cases are separate from the trials alleging the same products caused ovarian cancer. In addition to the New Jersey verdict, a jury in California awarded $25.75 million last year. Johnson & Johnson has won three defense verdicts, but the rest have ended in mistrials.
Another trial began last month in New Jersey.
Michael Brown, of Nelson Mullins Riley & Scarborough in Baltimore, represented Johnson & Johnson, which the jury found was 98 percent liable for the award. Brown was joined by firm colleague Scott Richman, and several lawyers from Orrick, Herrington & Sutcliffe. Last year, Brown teamed up with Bruce Bishop, of Willcox & Savage in Norfolk, Virginia, in representing Johnson & Johnson in a South Carolina case that ended in a mistrial.
The Alameda County trial, which began Jan. 7, originally included Imerys Talc America Inc., represented by Los Angeles-based Dentons partner Brad DeJardin. Imerys filed for Chapter 11 bankruptcy in the middle of the trial.
The jury assessed 2 percent liability against Cyprus Mines Corp., another talc supplier.
Jurors found that Johnson & Johnson failed to warn about the safety risks of talcum powder, which it defectively designed, and that its deception and concealment contributed to Leavitt's mesothelioma. They awarded Leavitt $2.49 million in past and future economic damages, including medical expenses and lost income, and $22 million in past and future noneconomic damages. They also awarded $5 million to her husband.
Jurors began their deliberations after closing arguments Tuesday.
The Recorder followed the trial via web coverage of the trial by Courtroom View Network.
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 AllState Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
3 minute readApple Disputes 'Efforts to Manufacture' Imaging Sensor Claims Against iPhone 15 Technology
Lawsuit alleges racial and gender discrimination led to an Air Force contractor's death at California airfield
7 minute readTrending 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