A jury in the 4th Judicial District Circuit Court in Portland has awarded $260 million to Kyung Lee, an Oregon woman who claimed that Johnson & Johnson's talc powder caused her to develop mesothelioma, a lethal cancer linked to asbestos exposure. The verdict, delivered on Monday, comprises $60 million in compensatory damages and $200 million in punitive damages, covering both Lee and her husband.
Kyung Lee, diagnosed with mesothelioma at the age of 48, argued that she was exposed to asbestos-contaminated talc over more than 30 years. This exposure began when her mother used the talc powder on her as a baby and continued when she later used it as a deodorant. Johnson & Johnson faces over 61,000 lawsuits related to its talc products. Most of these cases involve women with ovarian cancer, with a smaller number, like Lee's, involving mesothelioma.
Erik Haas, Johnson & Johnson’s worldwide vice president of litigation, expressed the company's disagreement with the jury's decision, stating 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 indicated that J&J plans to appeal the decision, expressing confidence that the verdict will be overturned.
Johnson & Johnson is actively pursuing a $6.48 billion settlement to resolve most of its talc-related lawsuits through a prepackaged bankruptcy. The company needs the support of 75% of the remaining plaintiffs to secure this settlement, which aims to end ongoing litigation and prevent future claims. Previous attempts to resolve these cases through bankruptcy were rejected by the courts. Despite this, J&J remains optimistic about gaining the necessary support from plaintiffs for its latest settlement effort.
J&J's litigation history has seen mixed results. Significant plaintiff victories include a $2.1 billion judgment awarded in 2021 to 22 women with ovarian cancer. However, J&J has also secured wins, such as an ovarian cancer case victory in April, though it was also ordered to pay $45 million in another mesothelioma case the same month.
A group of plaintiffs opposed to the bankruptcy settlement filed a class action lawsuit on May 22. They called the proposed deal a "fraudulent" abuse of the bankruptcy system and aimed to prevent it. They argued that it unfairly limited the ability of future claimants to seek justice.
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