Jury awards $29.4M to woman who sued Johnson & Johnson over talc

An Alameda County jury hit Johnson & Johnson with a $29.4 million verdict Wednesday afternoon over claims its baby powder caused a fatal form of cancer to a mother of two in the first of over a dozen trials scheduled this year against the company for claims its talc is tainted with asbestos.

No punitive damages were awarded for allegations the company knowingly marketed a hazardous product.

Plaintiff Terry Leavitt claimed exposure to Johnson & Johnson's cosmetic talc caused her to develop mesothelioma, a fatal form of lung cancer. She argued talc mined from South Korea in the 1960s tested positive for asbestos fibers, as has talc from domestic sources.

The company maliciously promoted its talc-based products while lobbying public health organizations, according to plaintiff's attorney Joseph Satterley of Kazan, McClain, Satterley & Greenwood.

Johnson & Johnson denied the allegations and maintained its talc was not contaminated with asbestos.

The company said it will appeal the verdict.

"There were serious procedural and evidentiary errors in the proceeding that required us to move for mistrial on eight different points during the proceeding," said spokeswoman Kimberly Montagnino. "We respect the legal process and reiterate that jury verdicts are not medical, scientific or regulatory conclusions about a product."

Defense attorney Michael A. Brown of Nelson Mullins Riley & Scarborough LLP said the cause of Leavitt's cancer is unknown.

Satterley and Brown did not immediately return requests for comment.

Superior Court Judge Brad Seligman presided over the two-month long trial. Leavitt v. Johnson & Johnson, RG17882401 (Alameda Super. Ct. filed April 14, 2017).

Of 11 cases alleging the company's talc-based products are contaminated with asbestos, plaintiffs won three, including a $4.69 billion verdict in July last year. Johnson & Johnson prevailed on three others and another five ended in hung juries.

One of the plaintiffs' wins included a New Jersey jury awarding $117 million in April to a man, also represented by Satterley, with similar claims.

Another New Jersey jury rendered a defense verdict in October, finding a woman's use of the company's baby powder did not cause her cancer.