Shawn Johnson et al. v. Johnson & Johnson et al.

Personal Injury

Los Angeles

Superior Court Judge Stephen M. Moloney

Plaintiffs Attorney: Weitz & Luxenberg P.C., Danny R. Kraft Jr., Joseph J. Mandia, Benno B. Ashrafi

Defense Attorneys: Barnes & Thornburg Llp, James F. Murdica, Kelley S. Olah; Pettit Kohn Ingrassia Lutz & Dolin Pc, Andrew N. Kohn

Danny R. Kraft Jr.

On a Tuesday in October, a 61-year-old man won a $27.4 million jury verdict in Los Angeles against Johnson & Johnson, the maker of the baby powder he claims caused his mesothelioma. The following Thursday, a Johnson & Johnson subsidiary newly created to hold its talcum powder and asbestos-related liabilities filed for bankruptcy.

In the first paragraph of its bankruptcy filing, the company mentions the verdict, although not by name, said Danny R. Kraft Jr., the man's lead attorney.

"I don't want anybody to think that this one case bankrupted Johnson & Johnson. But I think Johnson & Johnson saw the writing on the wall," he said. "It's unconscionable, in my opinion."

The plaintiff in the Los Angeles case is an electrical engineer with several patents for video technologies who used J&J baby powder as a child and teenager and then, as an adult, with his seven children. Johnson v. Johnson & Johnson, 20STCV17335 (L.A. Super. Ct., filed May 5, 2020).

"When you have seven kids, you change a lot of diapers," Kraft said. In addition, one child was severely disabled and regularly had to be put into a wetsuit to prevent self-harm, which required using more baby powder. "He and his wife used more baby powder, probably more than any family that I've encountered in my career handling these types of cases," Kraft said.

The trial, therefore, was an emotional story with a strong theme of a family against a big corporation. The jury also heard from scientific experts on epidemiology, microbiology, pathology, occupational medicine and other fields.

"We were able to show at trial that [Johnson & Johnson has] known since the 1960s that their product, the talc in their baby powder, has been contaminated with asbestos," he said. "And they've basically hidden it from the world."

While the company has long claimed its baby powder does not contain asbestos, the plaintiffs' team showed the jury J&J internal documents to the contrary.

The jury considered the evidence for three days and returned a verdict of $458,000 in economic damages, $2 million in noneconomic damages and $25 million in punitive damages.

Defense attorneys James Williams, Inemesit O'Boyle, James Murdica and Andrew Kohn did not respond to requests to comment on the verdict.

The bankruptcy has stayed any further activity in the case and all other J&J talc cases. U.S. Bankruptcy Judge Michael B. Kaplan has promised to rule by Feb. 28 on a motion to dismiss the case. In re: LTL Management LLC, 3:21-bk-30589 (Bankr. D.N.J., filed Oct. 14, 2021)

In the meantime, however, Kraft and co-counsel Benno Ashrafi, were made partners at their firm. "It's the first time in 30 years my firm has named new partners," Kraft said.

- Don DeBenedictis

Joseph J. Mandia