Facts

In 2019, Shawn Johnson was diagnosed with peritoneal mesothelioma, which is a malignant cancer caused by the inhalation of asbestos fibers. Johnson filed suit against Johnson & Johnson, and Johnson & Johnson Consumer, the designer and distributor of Johnson's Baby Powder, a talc-based hygiene product, which Johnson had used consistently since the 1960s.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that his cancer was caused by exposure to asbestos contained in Johnson's Baby Powder; that the Powder was negligently designed and manufactured; that defendants knew the product contained asbestos but failed to warn consumers or correct the problem; and that defendants were strictly liable for the Powder's defective design.

DEFENDANTS' CONTENTIONS: Defendants denied all wrongdoing and all of plaintiff's material allegations, and defendants specifically denied that Johnson's Baby Powder contained asbestos. Defendants further contended that plaintiff's cancer was naturally occurring; defendants alternatively claimed that plaintiff's cancer was caused by an unidentified familial cancer syndrome.

Result

A jury found that Johnson's Baby Powder was defective and caused plaintiff Johnson's cancer. The jury also determined that defendant's officers, directors, and managing agents acted with malice and fraud, and it awarded plaintiffs damages totaling $27,458,000.