$63 Million Verdict Against J&J in Asbestos-Tainted Talc Lawsuit

A South Carolina jury awarded $63 million to Michael Perry, a man who alleged that his terminal lung cancer was caused by exposure to asbestos in Johnson & Johnson's (J&J) baby powder.

The verdict issued last week marks a victory for Perry and his family, who have endured suffering due to the effects of mesothelioma. The jury found that J&J was negligent in failing to warn consumers about the potential health risks associated with its talc-based products.

In addition to J&J's liability, the jury also found co-defendant American International Industries (AII) negligent and liable. AII, a California-based cosmetics manufacturer renowned for its beauty and skin-care products, was deemed to have acted with the same level of culpability as J&J, with the jury citing "clear evidence" that both companies' actions were "willful, wanton or reckless."

J&J and AII Found Liable for Concealing Asbestos Risks in Talc Products

The $63 million award includes over $23 million in economic and other damages, plus $30 million in punitive damages against J&J and $760,000 against co-defendant AII. 

Throughout the trial, Perry's legal team contended that J&J had long been aware of the potential dangers associated with its talc-based products, yet deliberately concealed this information from the public. This argument was bolstered by court documents from prior lawsuits, which revealed that the company had been discussing the possibility of asbestos contamination and the risks linked to the talc used in its products as far back as the 1950s.

“Neither Michael nor any other consumer should be put in harm’s way,” said attorney Ben Adams. “Johnson & Johnson continues to refuse to accept accountability for the lives they’ve taken. But today, the jury saw through their tactics and delivered a measure of justice. And for that, we are deeply grateful,” Perry’s attorneys stated. 

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Evidence Links J&J Talc Products to Cancer Despite Company Denials

Perry's case is one of thousands of lawsuits filed against J&J over its talc-based products. The company has faced allegations that its talc contains asbestos, a known carcinogen, and that this has led to numerous cases of cancer. J&J has consistently denied these allegations, maintaining that its talc products are safe and do not contain asbestos.

However, the growing body of evidence against J&J suggests otherwise. Numerous scientific studies have linked talc exposure to an increased risk of mesothelioma, a rare form of cancer that affects the lining of the lungs, heart, and abdomen. 

Research published in the Journal of Clinical Oncology links talcum powder to an increased risk of ovarian cancer, particularly with prolonged or frequent use. This study, conducted by the National Institutes of Health, involved over 50,000 U.S. women and highlights the potential dangers of talc exposure. 

Additionally, internal documents from J&J have revealed that the company was aware of the potential health risks associated with its talc products as early as the 1970s.

In June, Johnson & Johnson faced significant legal setbacks related to their talc-based products. First, an Oregon jury awarded a woman $260 million, finding that the company's talcum powder caused her mesothelioma. Shortly after, Johnson & Johnson agreed to a $700 million settlement with 42 states to resolve claims they misled consumers about the safety of these products. As part of this settlement, the company also agreed to stop selling talc-based products in the U.S.

The company recently earned approval to move forward with a proposed $6.475 billion settlement plan that will resolve 99.75% of its remaining lawsuits.

In response to the verdict, J&J has stated that it will appeal the decision and continues to maintain that its talc products are safe. 

Case Details

• Lawsuit: In re: Perry, et al. v. American International Industries, et al.
• Case Number: 2023-CP-40-04072 
• Court: Court of Common Pleas for the Fifth Judicial Circuit, Richland Court, South Carolina

Plaintiffs' Attorneys

• Ben Adams, Rachel Gross, and Jonathan George (Dean Omar Branham Shirley LLP)
• Theile McVey (Kassel McVey)

If you or someone close to you has been diagnosed with ovarian cancer or mesothelioma after using talcum powder, you might qualify to pursue a talcum powder lawsuit. Injury Claims partners with lawyers specializing in talcum powder-related cancer cases.

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