South Carolina Jury Orders Johnson & Johnson to Pay $63.4 Million to Mesothelioma Victim
While pursuing bankruptcy protection against ovarian cancer victims’ claims, consumer giant Johnson & Johnson has continued defending itself in court against similar claims from those diagnosed with malignant mesothelioma. That strategy has proven questionable, as a South Carolina jury recently found the company liable for a 53-year-old man’s diagnosis with the rare, terminal disease, awarding him $63.4 million in compensatory and punitive damages.
Mesothelioma Victim Detailed Lifelong Use of Johnson & Johnson’s Talc Powder
A jury in Richland County, South Carolina, heard testimony from Michael Perry about his lifelong use of Johnson and Johnson’s Baby Powder and about being diagnosed with malignant mesothelioma at the age of 53. Mr. Perry explained that he had used the product because of his allergy to deodorant products. Johnson & Johnson argued that his illness was caused by his years of exposure to asbestos-containing brakes while working with his father in his garage.
In making its decision about where fault lay for Mr. Perry’s mesothelioma, the jury took note of Johnson & Johnson’s refusal to present a defense. They awarded the man $32.6 million in compensatory damages and $30 million in punitive damages.
Mesothelioma Jury Heard Testimony Indicating J&J Was Aware of Asbestos Risk
While the mesothelioma victim’s representative indicated that the jury’s decision was a result of the evidence and their understanding that Johnson & Johnson’s actions were unacceptable, the company said that they planned on filing an appeal, asserting that the court had made erroneous rulings before and during the trial that had prevented them from presenting an appropriate defense. Johnson & Johnson continues to claim that their talc is safe and does not contain asbestos.
Despite Johnson & Johnson’s arguments, juries hearing testimony in mesothelioma claims have found the evidence compelling and have decided in favor of several victims in recent days. Notable verdicts in the past year have included a $260 million verdict in Oregon and a $45 million verdict in Illinois.
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