In a major legal ruling, Johnson & Johnson has been ordered to pay 15 million dollars to a Connecticut man, Evan Plotkin. He claims that he developed mesothelioma, a rare cancer after decades of using the company’s talc powder. Plotkin filed the lawsuit in 2021 and alleged that his illness was caused by inhaling J&J’s baby powder.
What was the jury’s decision?
The jury in Fairfield County, Connecticut Superior Court also ruled that Johnson & Johnson should pay additional punitive damages with the exact amount to be decided later by the judge overseeing the case.
“Evan Plotkin and his trial team are thrilled that a jury once again decided to hold Johnson & Johnson accountable for their marketing and sale of a baby powder product that they knew contained asbestos,” said Ben Braly, Plotkin’s lawyer, in an email, according to Reuters.
What was J&J’s response?
Erik Haas, Johnson & Johnson’s worldwide vice president of litigation, announced that the company plans to appeal the “erroneous” rulings made by the trial judge, which he said prevented the jury from hearing key facts about the case. “Those facts show 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,” Haas stated.
Tuesday’s verdict comes as Johnson & Johnson works to settle claims from over 62,000 people who allege that using their talc products caused ovarian and other gynecological cancers. The company is offering nearly 9 billion dollars in a bankruptcy settlement, though the deal is being challenged by some plaintiffs’ lawyers.
While this settlement has paused lawsuits related to gynecological cancers, it does not apply to the smaller number of mesothelioma cases, like Evan Plotkin’s. J&J has previously settled some mesothelioma claims but has not offered a nationwide settlement for them.
In all the lawsuits, plaintiffs claim that Johnson & Johnson’s talc products, including its once-famous baby powder, were contaminated with asbestos—a known carcinogen linked to mesothelioma and other types of cancer.
