In what could shape up to be landmark news and potentially landscape-altering precedent for asbestos victims, Johnson & Johnson has suffered its first loss in the much-publicized talcum powder lawsuits.
At present, Johnson & Johnson faces more than 6,500 talcum powder lawsuits. There is a familiar theme tying these lawsuits together, as the outsized bulk of the cases are connected to ovarian cancer diagnoses. Some of the lawsuits, however, pertain to mesothelioma. What follows is a closer look at the recent jury verdict that ruled against Johnson & Johnson, as well as consideration for what this may mean for future talcum powder lawsuits.
A New Jersey jury awarded a total of $37 million to Stephen Lanzo and his wife, after finding that the man was diagnosed with cancer after decades of using Johnson & Johnson’s talcum powder. Mr. Lanzo was diagnosed with mesothelioma, and he claimed to have used Johnson & Johnson’s Baby Powder and Shower to Shower products for more than three decades.
According to Lanzo, it was inhaling the powder of these products that caused his mesothelioma cancer, which is known to be caused by asbestos exposure. At first glance, this may seem ridiculous since talc and asbestos are two separate and distinct forms of naturally occurring minerals.
However, talc in nature is often located near minerals that also contain asbestos. Further, many studies have shown that there is a risk of cross-contamination during mining processes. For its part, Johnson & Johnson argued that its talc products contain no asbestos, which complies with the ban against asbestos that has been in place since the 1970s. Further, the company argued that it has conducted extensive tests to make sure no asbestos is contained in its products.
The jury was ultimately persuaded by the evidence brought forth by Mr. Lanzo’s attorneys, likely in part because of documents showing that the company was aware of possible contamination in some of their talc sources. It is likely that the company will appeal this verdict, and it remains to be seen what will happen on appeal.
Still, the jury has also yet to decide whether Johnson & Johnson should also pay punitive damages as punishment for what the jury believes was particularly harmful. If punitive damages are in fact awarded in the case, this could significantly increase the already substantial compensation that talc powder victims may receive in a successful lawsuit.
If you or a loved one believes that regular talc powder use caused your mesothelioma or asbestos-related cancer, our team at The Ledger Law Firm is ready to discuss your case. Contact us online today for a legal consultation to discuss your legal questions and concerns.
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