A jury in Portland, Oregon, awarded $260 million in damages to a woman who was diagnosed with mesothelioma following alleged exposure to asbestos in Johnson & Johnson’s talc-based baby powder.
Kyung Lee, 49, has been a lifelong user of J&J cosmetic products, according to a press release from her attorneys following the judgment.
Her diagnosis in August 2023 confirmed the presence of mesothelioma, a cancer affecting the lining of the lungs, commonly linked to asbestos exposure.
Her attorneys, Ben Adams and Devin Robinson, said Ms. Lee’s case spotlighted the grave risks that could be associated with asbestos-contaminated talc products.
“For years, Kyung and her family used Johnson & Johnson’s Baby Powder not having any idea it could lead to a life-ending illness,” stated Mr. Adams. “Today, Ms. Lee was able to see justice and secure a future for her family after she is gone.”
J&J’s Role
Testimonies and evidence presented during the trial revealed that the company had allegedly detected asbestos in its talc powder but failed to remove the product from the market until recent years, according to the attorneys.
“Throughout this trial, J&J showed their true colors, attacking the plaintiff’s lawyers rather than acknowledging their conduct,” remarked Trey Branham, a partner at the representing firm. “We are so thankful that in this country there still is a mechanism to hold bad actors accountable.”
Consequently, the jury awarded $60 million in compensatory damages and an additional $200 million in punitive damages.
Ms. Lee said she had been exposed to the carcinogen by inhaling it as a child when her mother used it on her and later in life when she used it as a deodorant.
Erik Haas, J&J’s worldwide vice president of litigation, said in a statement that the verdict “is irreconcilable with the decades of independent scientific evaluations confirming talc is safe, does not contain asbestos, and does not cause cancer.”
Other Talc-Based Litigation
This case, officially recorded as Kyung H. Lee et al. v. Bi-Mart Corporation et al. in the Multnomah County Circuit Court, underscores the ongoing legal challenges Johnson & Johnson faces regarding its talc products.On May 1, the company proposed a $6.5 billion settlement to resolve claims alleging that its talc products caused ovarian cancer. This amount, intended to be paid over 25 years, aims to address the tens of thousands of lawsuits pending in the United States.
Despite the company’s stance that its talc products do not contain asbestos and do not cause cancer, J&J ceased selling talc-based baby powder in the United States and Canada in 2020 and planned to phase out sales globally by 2023.
The proposed settlement seeks to resolve 99.75 percent of the pending lawsuits, contingent upon a three-month voting period among claimants.
If 75 percent of the claimants agree, the lawsuits would be resolved through the bankruptcy filing of a subsidiary, LLT Management, preventing future lawsuits related to ovarian cancer claims.
However, Johnson & Johnson’s efforts to use bankruptcy filings to manage talc-related liabilities have faced judicial pushback. Previous attempts were dismissed on the grounds that neither the company nor its subsidiary demonstrated financial distress warranting bankruptcy protection.
The proposed settlement has elicited mixed reactions. Some attorneys representing cancer victims believe the deal could bring closure, while others accuse the company of manipulating the voting process to secure favorable outcomes.
Mr. Haas last month defended the plan, asserting that it reflects the company’s strategy to resolve litigation. He criticized the broader litigation landscape, citing the impact of “meritless litigation and extreme judgments” on U.S. businesses.
Last summer, the company was also ordered to pay $18.8 million to a California man who said he developed cancer from exposure to its baby powder.
