The decision, in California Superior Court docket in Oakland, marks the most recent defeat for the healthcare conglomerate dealing with greater than 13,000 talc-related lawsuits nationwide.
J&J stated it might attraction, citing “critical procedural and evidentiary errors” in the midst of the trial, saying attorneys for the lady had basically failed to point out its child powder accommodates asbestos. The corporate didn’t present additional particulars of the alleged errors in the course of the trial.
“We respect the authorized course of and reiterate that jury verdicts are usually not medical, scientific or regulatory conclusions a couple of product,” J&J stated in an announcement on Wednesday.
The New Brunswick, New Jersey-based firm denies that its talc causes most cancers, saying quite a few research and exams by regulators worldwide have proven that its talc is protected and asbestos-free.
The lawsuit was introduced by Terry Leavitt, who stated she used Johnson’s Child Powder and Bathe to Bathe – one other powder containing talc offered by J&J previously – within the 1960s and 1970s and was recognized with mesothelioma in 2017. It was the primary of greater than a dozen J&J talc circumstances scheduled for trial in 2019. The nine-week trial started on Jan. 7 and included testimony from practically a dozen consultants on each side.
The jury deliberated for 2 days earlier than delivering its verdict, which was broadcast on-line by Courtroom View Community.
Jurors discovered that J&J’s talc-based merchandise utilized by Leavitt have been faulty and that the corporate had didn’t warn customers of the well being dangers, awarding $29.Four million in damages to Leavitt and her husband. The jury declined to award punitive damages.
“Yet one more jury has rejected J&J’s deceptive claims that its talc was freed from asbestos,” stated Moshe Maimon, a lawyer for Leavitt, in an announcement on Wednesday. “The interior J&J paperwork that the jury noticed, as soon as extra laid naked the surprising reality of a long time of cover- up, deception and concealment by J&J.”
Leavitt’s was the primary talc case to go to trial since Reuters on Dec. 14 printed a report detailing that J&J knew that the talc in its uncooked and completed powders generally examined optimistic for small quantities of asbestos from the 1970s into the early 2000s – check outcomes it didn’t open up to regulators or customers.
Leavitt’s trial initially included J&J’s talc provider, Imerys Talc America, a unit of Imerys SE, as a co-defendant. California Superior Court docket Decide Brad Seligman, who oversaw the trial, informed jurors in February that the corporate was not a part of the case after it filed for Chapter 11 chapter safety beneath the load of the talc litigation, which stayed lawsuits in opposition to it.
Whereas earlier talc lawsuits alleged talc itself causes ovarian most cancers, plaintiffs’ attorneys have extra not too long ago centered on arguing asbestos contamination in talc triggered ovarian most cancers and mesothelioma, a type of most cancers linked to asbestos publicity.
In 11 circumstances thus far alleging asbestos contamination in talc, three have resulted in wins for plaintiffs, awarding damages as excessive as $4.69 billion in a July 2018 multi-plaintiff ovarian most cancers verdict. J&J gained three different circumstances and one other 5 resulted in hung juries.
J&J has appealed all the plaintiff verdicts, and the corporate stated it’s assured the verdicts can be overturned on attraction.