Last October, a Connecticut jury ordered Johnson & Johnson to pay a Connecticut developer diagnosed with malignant mesothelioma $15 million in compensation for having exposed him to asbestos-containing talc in their product. As the company asked a judge to overturn that decision, the victim’s attorney petitioned the court to assess the company another $30 million in punitive damages.
J&J Accused of Putting “Profits Over People” in Mesothelioma Lawsuit
While Evan Plotkin blamed asbestos-contaminated talc in Johnson & Johnson’s Baby Powder for his malignant mesothelioma, the company had argued that the victim’s witnesses had failed to explain how much asbestos he might have been exposed to while using their product over the years and that therefore he couldn’t prove that it had been their products that caused his illness. In response, the victim’s attorney noted that the company’s assertion was an indication that they had put profits over people.
The mesothelioma victim’s motion for punitive damages stated, “Since learning of the presence of asbestos in the talc used to make a product designed to dust the bodies and most intimate parts of adults and babies, it has not mattered to J&J that its product could and does cause terminal cancer. What mattered to J&J was protecting its portfolio and its flagship product.”
Judge To Decide Punitive Damages in Mesothelioma Claim
In October, the jury hearing the mesothelioma victim’s evidence assigned compensatory damages and made a general decision that punitive damages should be considered, but in Connecticut, that decision and the amount to be paid are determined by the judge hearing the case. In asking for $30 million, the victim’s attorney called Johnson & Johnson’s management of its product “reckless, intentional, and/or wanton” conduct and noted that the company’s internal documents showed it had been aware of the asbestos contamination but chose to conceal the dangers from consumers.
Johnson & Johnson argued against punitive damages in the mesothelioma claim. Simultaneously, the company filed motions asking for the jury’s verdict to be set aside and either replaced with a judgment in the company’s favor, a new trial ordered, or a reduction of the $15 million damages award. The company asserted, “Far from establishing reckless indifference to the risks of peritoneal mesothelioma, the record reveals decades of testing and evaluation to ensure that Johnson’s baby powder was safe for consumers.” The judge’s decision in the case is pending.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more about the resources we have available.
