A jury in Multnomah County Oregon’s Circuit Court is hearing the case of Kung Lee, a 48-year-old woman diagnosed with malignant mesothelioma after lifelong use of Johnson & Johnson’s baby powder. The case is the first to be heard since Johnson & Johnson lost a similar case last month and was ordered to pay the victim’s family $45 million in compensation.
Mesothelioma Attorney Points to Use of J & J Baby Powder Since Birth
In opening statements that were live-streamed on Courtroom View Network, the attorney representing the mesothelioma victim explained that the same talcum powder product that had been used on Kyung Lee as an infant and that she used throughout her life was voluntarily recalled in 2019 by Johnson and Johnson in the face of mounting questions, legal claims, and the Food and Drug Administration’s discovery of asbestos in sample lots of the product.
In the face of these assertions, Johnson & Johnson’s attorneys were left to argue that no government agency had ever tied exposure to talc to malignant mesothelioma or cancer: This representation ignored other studies that have connected the two, and which have led previous juries to decide against the company’s defenses.
Johnson & Johnson Denies Role in Mesothelioma
In response to the mesothelioma victim’s accusation, Johnson & Johnson argued that there was no proof that she had ever purchased a bottle of Johnson & Johnson’s Baby Powder and that no medical records would tie her illness to the product. The attorney for the company suggested that her asbestos exposure had come from a textile factory located five kilometers from where she was born in South Korea.
But the mesothelioma victim’s attorney pre-empted this theory, pointing to “wind data” showing that her childhood home had not been downwind of the factory. The attorney also noted other possible sources of asbestos exposure, including her husband’s construction job and her use of other cosmetic talc products. But he reiterated that the amount of exposure she suffered over her lifelong use of Johnson & Johnson’s product was the source of her illness and that Johnson & Johnson had been aware of the risk. The victim’s family is seeking $190 million in compensatory damages and $300 million in punitive damages.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
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