In a significant legal development, an Oregon judge has invalidated a $260 million verdict against Johnson & Johnson in a lawsuit concerning talc-related mesothelioma. The decision, made by Judge Katharine von ter Stegge of the 4th Judicial District Circuit Court in Portland, Oregon, was announced on September 16, 2024, and calls for a new trial in the case.
The lawsuit was initiated by Kyung Lee, who alleged that her mesothelioma diagnosis in 2023 at age 48 was a result of inhaling asbestos-contaminated talc powder over a period exceeding 30 years. Lee claimed exposure began in infancy when her mother applied the product and continued into adulthood when she used it as a deodorant.
Johnson & Johnson, founded in 1886, has consistently maintained that its talc products are safe, asbestos-free, and do not cause cancer. The company's worldwide vice president of litigation, Erik Haas, attributed the original verdict to "numerous egregious errors" by the plaintiff's legal team and stated it had "no basis in the law or science."
This case is part of a larger legal challenge facing Johnson & Johnson, with over 62,000 plaintiffs claiming the company's talc products caused various cancers, primarily ovarian and gynecological. The company introduced talcum powder in 1894, marking the beginning of a product line that would later become controversial.
Talc, the softest mineral on the Mohs scale, has been a subject of scrutiny due to its potential contamination with asbestos, a known carcinogen. The International Agency for Research on Cancer classifies asbestos as a Group 1 carcinogen, and the first documented case of mesothelioma linked to asbestos exposure was reported in 1964.
In response to mounting legal pressures, Johnson & Johnson announced in 2020 that it would cease selling talc-based baby powder in North America. The company is now preparing to have a subsidiary file for bankruptcy to settle ovarian and other gynecological cancer lawsuits for approximately $9 billion. This proposed settlement has reportedly garnered support from over 75% of claimants, meeting the legal threshold for judicial approval.
It's worth noting that the bankruptcy filing and settlement would not affect mesothelioma cases like Lee's. The latency period for mesothelioma can range from 20 to 50 years after asbestos exposure, complicating the legal landscape for such cases.
As the legal proceedings continue, it's important to recognize that the U.S. Food and Drug Administration does not have the authority to recall cosmetic products, highlighting the complex regulatory environment surrounding talc-based products.
The overturning of the $260 million verdict and the order for a new trial mark another chapter in the ongoing talc litigation saga for Johnson & Johnson. As the company navigates these legal challenges, the outcome of this case and others like it will likely have significant implications for both the company and consumers of talc-based products.