Portland, OR – In a stunning verdict that reverberated through the legal and corporate worlds, an Oregon state court jury ordered Johnson & Johnson to pay $260 million in damages over claims linked to its talc-based baby powder. The jury in Multnomah County concluded on Monday that Kyung Lee, a 48-year-old woman, developed mesothelioma as a result of inhaling asbestos allegedly present in the powder.
The decision broke down into $60 million in compensatory damages and a substantial $200 million in punitive damages awarded to Lee and her husband, highlighting the jury’s stance on the matter. This significant judgement comes as Johnson & Johnson finds itself mired in an attempt to settle approximately 61,000 similar pending cases, which the company estimates could cost around $6.48 billion.
Although Johnson & Johnson disputes the presence of asbestos in their products and plans to challenge the verdict, asserting that Lee’s exposure to the harmful fibers likely occurred at a textile plant near her childhood home in South Korea, the jury’s decision could potentially set a precedent. This case adds to the growing list of legal battles the corporation faces over its baby powder, with many plaintiffs, predominantly women, alleging that the talc caused ovarian cancer.
The trial, fully recorded and streamed online by Court – the courtroom viewing service – observed pointed arguments from both sides. Speaking on behalf of the Lees, attorney Ben Adams underscored the gravity of the situation, noting the critical assistance the award would provide Lee’s family as she battles her fatal cancer. “For years, Kyung and her family trusted Johnson & Johnson’s product, never suspecting it could culminate in such a devastating diagnosis,” Adams commented.
A spokesperson for Johnson & Johnson voiced their disagreement with the verdict post-trial, citing several independent scientific evaluations that have declared talc safe and free of asbestos, as well as non-carcinogenic.
The verdict in Oregon follows a mixed series of outcomes for Johnson & Johnson, with recent trials ranging from a $45 million judgment against the company in Chicago to a defense win in Sarasota, Florida, and a mistrial in Miami due to a hung jury. The company has experienced a notable number of legal victories since courts resumed full operations after the COVID-19 closures, yet the sizable punitive award in this case may encourage more plaintiffs to reject settlement offers and instead take their chances at trial.
Dean Omar Branham Shirley, LLP, the law firm representing Lee, are no strangers to facing off against Johnson & Johnson, proving their litigation mettle with a string of high-profile talc cases, and are set to contend with J&J again in an upcoming trial in Dallas, which will also be broadcast online.
The law firm of Orrick, Herrington & Sutcliffe LLP represented Johnson & Johnson in the Oregon lawsuit, which was overseen by Judge Katharine von Ter Stegge.
Legal experts note that while still on appeal, the outcome of the Oregon case could sway both public perception and the strategies of parties in similar lawsuits, potentially heralding a wave of jury trials rather than settlements. As the legal battles surrounding talc continue to unfold, all eyes will be on how these proceedings might shape regulatory and industrial standards concerning consumer safety and corporate responsibility.