Court Overturns $223.8 Million Verdict Against J&J in Talc Cancer Case

By Brendan Pierson

A New Jersey appeals court has overturned a $223.8 million verdict against Johnson & Johnson that had been awarded to four plaintiffs who claimed that exposure to asbestos in the company’s talc powder products led to their cancer diagnoses.

The Superior Court of New Jersey, Appellate Division determined that a lower court judge improperly permitted certain scientific expert testimonies presented by the plaintiffs during the trial.

Erik Haas, J&J’s Vice President of Litigation, stated that the decision decisively rejects what he referred to as "junk science" put forth by allegedly biased experts affiliated with the mass tort asbestos industry. He reiterated the company’s stance that its talc products are safe and do not contain asbestos.

The Initial jury ruling mandated that J&J pay $37.2 million in compensatory damages and $750 million in punitive damages, although the punitive damages were subsequently reduced to $186.5 million in accordance with state law.

In ordering a new trial, a three-judge panel criticized the trial court for failing to effectively assess whether the expert testimonies were grounded in credible scientific principles. The judges noted that three of the experts did not adequately clarify the basis of their opinions linking the plaintiffs’ cancers to asbestos exposure in talc products.

In a separate legal action, J&J is suing expert Jacqueline Moline regarding a 2019 study she co-authored, although this study was not addressed in the recent court decision. Moline, who has testified for plaintiffs in over 200 talc-related cancer cases, contends that J&J’s lawsuit aims to intimidate scientific experts and inhibit their ability to testify against the corporation.

J&J is currently facing more than 38,000 lawsuits claiming that its talc products, including Johnson’s baby powder, may contain asbestos and have been linked to cancers such as ovarian cancer and mesothelioma, which is associated with asbestos exposure.

The claims have yielded mixed results, with notable victories for plaintiffs, including a $2.1 billion judgment awarded to 22 women diagnosed with ovarian cancer. This verdict was affirmed by an appeals court, and the U.S. Supreme Court declined to review it.

Recently, J&J has succeeded in reversing some adverse rulings, including a $117 million verdict in New Jersey and a $120 million verdict in New York.

This latest judicial success comes on the heels of the company’s unsuccessful attempts to transfer thousands of talc-related claims into bankruptcy court, where it sought to settle them through a proposed $8.9 billion agreement. J&J is currently appealing that ruling.

Prior to this recent court decision, trials had been largely put on hold as J&J sought bankruptcy relief, but proceedings will now be able to resume. One trial that took place during the bankruptcy petition resulted in an $18.8 million verdict for a terminally ill man in California.

J&J has reported that its costs associated with talc-related legal verdicts, settlements, and legal fees have reached approximately $4.5 billion. In response to the increasing number of lawsuits and allegations regarding safety, the company has shifted away from talc-based baby powder, opting instead for cornstarch-based alternatives.