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Jury awards $950 million in punitive damages
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J&J plans to appeal, calling verdict egregious
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Over 63,000 lawsuits claim J&J talc products cause cancer
(Adds J&J comment in paragraphs 4-5, plaintiffs' attorney
comment, paragraph 7, background, paragraphs 8-12)
By Diana Novak Jones
Oct 7 (Reuters) - A Los Angeles jury ordered Johnson &
Johnson ( JNJ ) to pay $966 million to the family of a woman who
died from mesothelioma, finding the company liable in the latest
trial alleging its talc products cause cancer.
The family of Mae Moore, a California resident who died at
age 88 in 2021, sued the company the same year, claiming J&J's
talc baby powder products contained asbestos fibers that caused
her rare cancer. The jury late on Monday ordered J&J to pay $16
million in compensatory damages and $950 million in punitive
damages, according to court filings.
The verdict could be reduced on appeal as the U.S. Supreme
Court has found that punitive damages should generally be no
more than nine times compensatory damages.
Erik Haas, Johnson & Johnson's ( JNJ ) worldwide vice president of
litigation, said in a statement that the company plans to
immediately appeal, calling the verdict "egregious and
unconstitutional."
"The plaintiff lawyers in this Moore case based their
arguments on 'junk science' that never should have been
presented to the jury," Haas said.
The company has said its products are safe, do not contain
asbestos, and do not cause cancer. J&J stopped selling
talc-based baby powder in the U.S. in 2020, switching to a
cornstarch product. Mesothelioma has been linked to asbestos
exposure.
Trey Branham, one of the attorneys representing Moore's
family, said after the verdict that his team is "hopeful that
Johnson & Johnson ( JNJ ) will finally accept responsibility for these
senseless deaths."
J&J is facing lawsuits from more than 67,000 plaintiffs who
say they were diagnosed with cancer after using baby powder and
other talc products, according to court filings. The number of
lawsuits alleging talc caused mesothelioma is a small subset of
these cases, with the vast majority involving ovarian cancer
claims.
J&J has sought to resolve the litigation through bankruptcy,
a proposal that has been rejected three times by federal courts.
Lawsuits alleging talc caused mesothelioma were not part of
the last bankruptcy proposal. The company has previously settled
some of those claims but has not struck a nationwide settlement,
so many lawsuits over mesothelioma have proceeded to trial in
state courts in recent months.
In the past year, J&J has been hit with several substantial
verdicts in mesothelioma cases, but Monday's is among the
largest. The company has won some of the mesothelioma trials,
including last week in South Carolina, where a jury found J&J
not liable.
The company has been successful in reducing some of the
awards on appeal, including in one Oregon case where a state
judge granted J&J's motion to throw out a $260 million verdict
and hold a new trial.