Columbia, SC – In a landmark decision, a jury in South Carolina awarded $63.4 million to a man who claims he developed cancer due to prolonged exposure to asbestos in Johnson & Johnson’s talcum powder products. The verdict was issued on Thursday following a closely watched trial that scrutinized the potential health risks of one of the company’s iconic products.
The plaintiff, Michael Perry, 53, was awarded $32.6 million in compensatory damages after jurors concluded that his mesothelioma, a type of cancer often associated with asbestos exposure, was indeed caused by his lifelong use of Johnson’s Baby Powder. Additionally, the jury imposed $30 million in punitive damages on Johnson & Johnson and $760,000 on co-defendant American Industrial Industries to underscore the seriousness of their negligence.
During the trial, attorneys for Perry argued that Johnson & Johnson had known for years that their talc products were contaminated with asbestos but chose not to inform consumers or regulators. In defense, Johnson & Johnson contended that Perry’s cancer could have been caused by other sources of asbestos, particularly pointing to his history of working with asbestos-containing brake pads in his father’s garage.
Despite the company’s vigorous denials of asbestos in their talc products, they opted not to present a formal defense at trial, which moved directly to closing arguments. Following the verdict, Johnson & Johnson immediately indicated plans to appeal, challenging both the scientific basis of the verdict and certain rulings by the court.
Erik Haas, Worldwide Vice President of Litigation for Johnson & Johnson, stated that, “The Court made a series of erroneous rulings that unfairly prevented us from presenting our full defense.” He emphasized the company’s position that the verdict contradicted established scientific studies demonstrating that talc is safe and does not contain asbestos, predicting that the appeal would likely overturn the decision.
On the plaintiff’s side, attorney Trey Branham from Dean Omar Branham Shirley, the Texas-based law firm representing Perry, expressed gratitude towards the jury’s decision. “We are incredibly grateful that this jury heard the evidence and understood that JNJ’s actions are unacceptable,” Branham stated after the verdict.
Branham also noted that Johnson & Johnson had not made any substantial settlement offer and clarified that the verdict would not impact a separate $6.5 billion settlement Johnson & Johnson agreed to for talc cases specifically related to ovarian cancer claims.
Looking ahead, Branham highlighted the firm’s commitment to continue pursuing litigation against Johnson & Johnson for talcum-related cancer cases, citing upcoming trials in California, Connecticut, and Pennsylvania. “Our firm was built to take on the largest of corporate bad actors,” he said. “While we are open to discussing reasonable resolutions for our clients, we remain committed to holding JNJ accountable.”
The trial was fully recorded and is available for on-demand viewing as part of a subscription to an online trial video library, which includes footage from multiple talc and asbestos litigation proceedings across several jurisdictions.
This case, captioned Michael Perry v. American International Industries et al., was held in South Carolina’s 5th Judicial Circuit Court under case number 2023-CP-40-04072.