Portland, OR – On Monday, an Oregon state court jury awarded a staggering $260 million to a couple, finding that Johnson & Johnson’s talc-based baby powder, allegedly containing asbestos, led to the wife’s mesothelioma. The judgment includes $60 million in compensatory damages and a hefty $200 million in punitive damages, according to sources familiar with the proceedings.
The plaintiffs, Kyung Lee, 48, and her husband, claimed that Lee’s cancer was a direct result of inhaling asbestos from the widely used baby powder. This verdict is pertinent as Johnson & Johnson is navigating a potential $6.48 billion settlement intending to cover most of the ongoing 61,000 cases tied to their talc products.
During the trial, Johnson & Johnson’s defense argued that Lee’s exposure to asbestos could be traced back to a textile plant near her childhood residence in South Korea, maintaining that their products undergo thorough asbestos screening and are safe. Nevertheless, the jury’s decision contradicted these claims.
This trial, meticulously webcast and recorded by Courtroom View Network, is indicative of potentially shifting tides for future litigants faced with similar allegations. Despite J&J’s success in recent talc trials post-COVID-19, this large payout could embolden others to pursue their day in court rather than settling.
Ben Adams, representing the plaintiffs from the Dallas-based Dean Omar Branham Shirley LLP, stated after the verdict that this win represents justice for Ms. Lee and provides some assurance for her family’s future. Specifically, Adams highlighted the emotional and tragic nature of the case, emphasizing Lee’s unknowing use of a product she had trusted to be safe.
In response to the verdict, a J&J spokesperson expressed disagreement, citing numerous independent studies that assert the safety and asbestos-free composition of their talc products. This statement underscores the ongoing contention and debates surrounding the safety of talc powders in the consumer market.
Dean Omar Branham Shirley LLP is no stranger to taking on J&J; they recently secured a $45 million verdict against the company in Chicago. Although they faced a defense verdict in Sarasota, Florida, and a mistrial due to a hung jury in Miami, the firm continues to challenge J&J across various jurisdictions.
The flurry of legal battles continues as both Dean Omar and J&J gear up for another showdown in Dallas with jury selection already underway, and this trial too will be broadcasted by CVN.
Legal representation for J&J in the Oregon case was provided by Orrick, Herrington & Sutcliffe LLP, with proceedings overseen by Judge Katharine von Ter Stegge.
This case, officially titled Lee v. Johnson & Johnson, marks a critical junction in the ongoing discourse surrounding cosmetic talc products and their implications for consumer health.
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