Johnson & Johnson has responded to a Connecticut mesothelioma victim requesting a $30 million punitive damages award, arguing that the victim’s request to the jury intentionally meets the state-law-mandated maximum, and is unwarranted by the facts of the case.
Mesothelioma Victim Awarded $15 Million in Damages, $30 Million in Punitive Damages
The case was filed by mesothelioma victim Evan Plotkin, who convinced the Connecticut jury that Johnson & Johnson had been negligent in failing to warn of the dangers of their product. His complaint accused the company of strict liability and breach of warranty, and further alleged recklessness, conspiracy, and fraudulent misrepresentation. The jury agreed, awarding him and his wife $15 million in compensatory damages and punitive damages. The victim requested that the punitive damages amount be $30 million.
The company is challenging the $30 million figure, noting that it had repeatedly sought to ensure that its talc posed no asbestos-related health hazards and that its asbestos testing exceeded industry standards. The company’s plea asserted that the court “should decline to issue an eight-figure punitive award against a company that engaged in extensive safety efforts” and that it was “driven by safety, not profit.”
Johnson & Johnson Working to Minimize Impact of Mesothelioma Awards
Johnson & Johnson has been repeatedly named a defendant in mesothelioma lawsuits, and many juries have awarded victims multi-million dollar verdicts. In this case, the company’s attorney argued that though the jury found the company liable for the man’s illness, no proof was offered to show that Johnson & Johnson acted with the “high level of reprehensibility” that would indicate such a large punitive damages number.
The company’s attorneys have asked the court to view a $5 million punitive damages award in a mesothelioma case heard by another Connecticut jury as a “benchmark,” stating that the $30 million award is “astronomical.”
If you or someone you love has been diagnosed with mesothelioma and you believe that asbestos-contaminated talc is to blame, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
