Published 09:01 IST, October 16th 2024
Johnson & Johnson Told to Pay $15 Million to Man Who Says Its Talc Caused His Cancer
Plotkin claimed that he was sickened by inhaling Johnson & Johnson’s baby powder, which he had used for years.
Johnson & Johnson has been ordered to pay $15 million to a Connecticut man who claimed he developed mesothelioma, a rare form of cancer, after using the company’s talcum powder for decades. The jury in Fairfield County, Connecticut, ruled in favor of Evan Plotkin, who filed the lawsuit in 2021 after being diagnosed with the cancer. The verdict, delivered on Tuesday, marks another chapter in the ongoing litigation over the safety of J&J's talcum powder products.
Plotkin claimed that he was sickened by inhaling Johnson & Johnson’s baby powder, which he had used for years. Mesothelioma, a cancer commonly associated with asbestos exposure, affects the lining of the lungs and other organs. The jury found that the company should be held liable for Plotkin’s illness, and also indicated that additional punitive damages would be determined later by the judge presiding over the case.
Plotkin's Legal Team Reacts
Following the ruling, Plotkin’s legal team celebrated the outcome, stating that the jury’s decision sends a strong message. “We are thrilled that the jury chose to hold Johnson & Johnson accountable for knowingly selling a product that contained asbestos,” said Ben Braly, one of Plotkin’s attorneys. Braly emphasized that the case highlights serious concerns about consumer safety and corporate responsibility.
In addition to the $15 million in compensatory damages, the jury also recommended that punitive damages be imposed on the company. These punitive damages, aimed at penalizing Johnson & Johnson for its conduct, will be determined later by the court.
Johnson & Johnson Plans to Appeal
Johnson & Johnson has rejected the claims and signaled its intention to appeal the decision. Erik Haas, the company’s worldwide vice president of litigation, criticized the court’s handling of the case, claiming that the jury was not presented with critical evidence. “The verdict is incompatible with decades of scientific research showing that our talc products are safe and do not contain asbestos,” Haas said in a statement, maintaining that the company's products had undergone extensive safety evaluations.
The company has long denied any link between its talcum powder and asbestos contamination, citing independent studies that, according to J&J, affirm the product’s safety.
Wider Legal Battle on Talc Products
The ruling comes amid a much larger legal battle facing Johnson & Johnson. This case is just one of many legal battles the pharmaceutical giant is facing. Johnson & Johnson is currently seeking to resolve claims from more than 62,000 individuals who allege that its talc-based products caused ovarian cancer and other gynecological cancers. The company has proposed a nearly $9 billion settlement through bankruptcy to settle these cases. However, the deal has faced legal challenges from some plaintiffs' attorneys and is currently being contested.
While the bankruptcy settlement would put gynecological cancer lawsuits on hold, it does not cover mesothelioma cases like Plotkin’s. Johnson & Johnson has previously settled some mesothelioma claims but has not proposed a nationwide settlement for this group of cases.
In these lawsuits, plaintiffs argue that Johnson & Johnson’s talc products were contaminated with asbestos, which they claim caused various forms of cancer. Asbestos is a known carcinogen that has been linked to mesothelioma and other serious health issues. The company’s opponents argue that it failed to protect consumers despite knowing the risks associated with talcum powder.
Tuesday's verdict adds further pressure on the company as it continues to face mounting legal challenges.
Updated 09:01 IST, October 16th 2024