A jury found Johnson & Johnson (JNJ.N) guilty in the case of a Connecticut man who claims he developed mesothelioma, a rare form of cancer, after using the company’s talc powder for decades. The judge ordered the company to pay $15 million to the man.
In 2021, Evan Plotkin sued J&J after being diagnosed with mesothelioma, claiming it was caused by inhaling the company’s baby powder. This Tuesday, the jury found the company liable for damages.
In addition to paying $15 million, the jury in Connecticut Superior Court in Fairfield County also determined that the company should pay additional punitive damages, the amount of which will be decided later by the judge overseeing the case.
“Evan Plotkin and his trial team are thrilled that a jury once again decided to hold Johnson & Johnson accountable for their marketing and sale of a baby powder product that they knew contained asbestos,” Ben Braly, Plotkin’s lawyer, said in an email.
However, Erik Haas, J&J’s worldwide vice president of litigation, stated that the company would appeal “erroneous” rulings, arguing that they prevented the jury from hearing critical facts.
“Those facts show that the verdict is irreconcilable with the decades of independent scientific evaluations confirming talc is safe, does not contain asbestos and does not cause cancer,” Haas said.
In addition to Tuesday’s verdict, J&J also faces claims from more than 62,000 people who claim they have been diagnosed with ovarian and other gynecological cancers after using talc. Resolving these claims could lead to a nearly $9 billion settlement in bankruptcy for the company.
While these bankruptcy deals have caused lawsuits over gynecological cancers to be put on hold, they do not affect a smaller number of mesothelioma claims like Plotkin’s. J&J has settled some of those claims but has not proposed a nationwide settlement yet.
Plaintiffs in all the lawsuits state that J&J’s talc products, including the famous baby powder, were contaminated with asbestos, a substance known to cause mesothelioma and other cancers.
Since 2020, J&J has withdrawn its talc-based powder products from the U.S. market.