New York
A New Jersey appeals court has overturned a $223.8 million verdict against Johnson & Johnson (J&J), which had been awarded to four plaintiffs who claimed they developed cancer from exposure to asbestos in the company’s talc powder products. The court found that the lower court judge should not have allowed some of the scientific expert testimony presented by the plaintiffs during the trial.
J&J celebrated the decision, with its Worldwide Vice President of Litigation, Erik Haas, stating that it resoundingly rejects the junk science advanced by purported experts paid by the mass tort asbestos bar. The company reiterated that its talc products are safe and asbestos-free.
The original jury verdict had ordered J&J to pay $37.2 million in compensatory damages and $750 million in punitive damages, but state law automatically reduced the punitive damages to $186.5 million. The appeals court’s decision means the case will be retried.
The appeals court judges found that three experts presented by the plaintiffs failed to explain the facts or methods they used to support their opinions that the plaintiffs’ cancer was caused by exposure to asbestos in talc products.
J&J faces over 38,000 lawsuits alleging that its talc products, including Johnson’s baby powder, contain asbestos and have caused various cancers, including ovarian cancer and mesothelioma.
The company has stated that the cost of talc-related verdicts, settlements, and legal fees has reached approximately $4.5 billion. J&J stopped selling talc-based baby powder and switched to cornstarch-based products due to increasing lawsuits and public concerns about the safety of talc-based powders.
