Jury awards $29m to woman in Johnson & Johnson talc case

The lawsuit was brought by Terry Leavitt, who claims Johnson & Johnson’s talc-based products, which she used in the 1960s and 1970s, contained asbestos. Leavitt developed mesothelioma in 2017.

The US healthcare group has long refuted the claims, stating that its talc products are safe and have never contained asbestos.

Commenting on the Wednesday’s ruling by the California Superior Court in Oakland, J&J confirmed it would appeal. It said there had been “serious procedural and evidentiary errors” and that lawyers for Leavitt had failed to show the baby powder contained asbestos.

It continued: “We respect the legal process and reiterate that jury verdicts are not medical, scientific or regulatory conclusions about a product.”

According to Reuters, the jury found that the products used by Leavitt were defective, and that the company had failed to warn consumers of the health risks. They awarded her and her husband damages of $29.4m, but declined to award punitive damages.

Johnson & Johnson is facing a raft of talc-related lawsuits, with 11 already heard. Three resulted in wins for plaintiffs, five were ruled in favour of Johnson & Johnson and five ended in hung juries, according to Reuters.

In a statement published in December, Johnson & Johnson said: “Johnson & Johnson’s baby powder is safe and asbestos-free. Studies of more than 100,000 men and woman show that talc does no cause cancer or asbestos-related disease. Thousands of independent tests by regulators and the world’s leading labs prove our baby powder has never contained asbestos.”

Shares in Johnson & Johnson lost nearly 2% in pre-market trading.