The basics:
- Jury awards $1.5B to Maryland woman in J&J talc exposure case
- $59.8M compensatory, $1.5B punitive damages included
- Johnson & Johnson plans to appeal, disputes asbestos link, trial conduct
- Case marks one of the largest verdicts for a single plaintiff against J&J
Johnson & Johnson is ordered to pay over $1.5 billion to a Maryland woman who claimed decades of exposure to the New Brunswick-based health giant’s talc-based baby powder caused her to develop an incurable cancer.
Following a trial in Baltimore Circuit Court, a jury concluded Dec. 22 that the company is liable for not warning plaintiff Cherie Craft that its product contained asbestos.
After receiving a diagnosis of peritoneal malignant mesothelioma in January 2024, the 59-year-old mother sued J&J; two of the company’s subsidiaries; and its consumer health products spinoff, Kenvue.
A rare form of cancer often linked to asbestos exposure, peritoneal malignant mesothelioma forms in the lining of the abdominal cavity. There is no cure. However, treatments such as surgery, chemotherapy and palliative care can help manage symptoms.
As part of the verdict, jurors awarded $59.84 million in compensatory damages covering medical expenses, lost wages, and pain and suffering. It also includes $1 billion in punitive damages against J&J as well as $500 million in punitive damages against a subsidiary the company previously set up to handle talc claims.
At odds
Craft’s attorneys believe it is the largest-ever verdict against J&J for a single plaintiff.
Dean Omar Branham Shirley partner Jessica Dean commented, “Cherie Craft runs a non-profit where she pours her life into helping others. Her cancer was preventable. She used Johnson’s Baby Powder every day of her life until she was diagnosed with cancer. J&J refused to accept any responsibility and fought at every turn. We are grateful for the dedication of the jury and court and that J&J was held accountable.”
We will immediately appeal this egregious and patently unconstitutional verdict …
— Eric Haas, J&J world wide vice president, Litigation
In a statement following the proceedings, J&J World Wide Vice President, Litigation, Eric Haas said, “We will immediately appeal this egregious and patently unconstitutional verdict that is the direct result of the gross errors made by the trial court that allowed plaintiff’s counsel to pervade the record with improper and prejudicial statements and assertions.”
“The verdict is squarely at odds— in result and amount—with the vast majority of other talc cases wherein the company has prevailed and expect the appellate court to reverse the verdict,” he said.
Hitting back
J&J has maintained its talc products are safe, do not contain asbestos and do not cause cancer. In 2020, it stopped selling talc-based powder, switching to a cornstarch-based product.
The company faces more than 67,000 lawsuits alleging its products caused serious health issues, such as mesothelioma and ovarian cancer.
J&J has tried to resolve the litigation by placing into bankruptcy a subsidiary it created to handle talc liabilities. However, federal courts have rejected that approach three times. The latest $9 billion bankruptcy proposal did not include claims alleging talc caused mesothelioma.
While J&J has previously settled some of those lawsuits, it has not struck a nationwide settlement. As a result, many complaints over mesothelioma proceeded to trial in state courts in recent months.
In October, a ruling ordered the company to pay $966 million to the family of a California woman who died. Earlier this month, a Minnesota jury awarded $65.5 million to a 37-year-old woman. She claimed that her use of baby powder caused her to develop cancer in the lining of her lungs. Additionally, a California jury recently returned a $40 million verdict in a case brought by two women with ovarian cancer.
‘Junk science’
Although J&J has been hit with several substantial verdicts, the company has also won some mesothelioma trials – including in October in South Carolina.
J&J also has been successful in reducing some of the awards on appeal, such as an Oregon case where a state judge granted the company’s motion to throw out a $260 million verdict and hold a new trial.
In his statement, Haas described the lawsuits as “predicated on ‘junk science’ … refuted by decades of studies.”
“The company will continue to advocate for gold standard science in the U.S. judicial system. For far too long American juries have been permitted to review junk science supporting plaintiff lawyers in search of jackpot verdicts, instead of science from scientific agencies authorized by Congress to evaluate such matters,” he said.
A spokesperson for Kenvue referred NJBIZ to Johnson & Johnson for comment.
After separating from J&J’s pharma division in 2023, Kenvue’s portfolio includes Johnson’s Baby, Band-Aid, Listerine, Tylenol, Aveeno, Neutrogena and Benadryl. In November, Kimberly-Clark Corp. announced plans to acquire the Summit-headquartered business in a deal worth $48.7 billion. The transaction is expected to close in the second half of 2026.
