$29M Verdict Against J&J Upheld in California Appeals Court
Nicole Winch | September 9, 2021
With the talk of bankruptcy looming, Johnson & Johnson has once again tried to throw out another huge talc verdict.
A California court of appeals ruled in favor of yet another mesothelioma victim, according to Bloomberg Law. The plaintiff, Ms. Leavitt, and her husband were awarded $29M in compensatory damages against J&J.
The jury concluded that asbestos was contained in the talc based baby powder product and caused her cancer. Ms. Leavitt testified that her mother applied the powder to her as an infant and she continued to use it on her face and body as an adult.
She used J&J’s baby powder for nearly 30 years before being diagnosed with mesothelioma in 2017. Ms. Leavitt then sued the company for negligence, design defect, failure to warn, and concealing a dangerous product, resulting in the $29M award.
In 2019, the case received the first successful jury verdict against J&J in the state of California after news coverage revealed their products were contaminated with asbestos. Johnson & Johnson quickly moved to overturn the verdict.
It wasn’t until this month that the court dismissed J&J’s claim that evidence did not support the final verdict. Johnson & Johnson challenged the testimony of a scientist, Dr. William Longo, who said he found asbestos in samples of baby powder.
Dr. Longo tested two types of J&J baby powder, samples provided from the company and samples from “vintage” bottles from a collector. He found asbestos in both.
There was substantial evidence that supported the jury finding that it was more than likely that the product Ms. Leavitt used contained asbestos during the time period she used it and contributed to her illness.
If you have used Johnson & Johnson talc based products and have developed mesothelioma, our lawyers can fight your case. Fill out our free case evaluation form today to see how we can get you and your family the compensation you deserve.