Mae Moore was 88 years old when she died of malignant mesothelioma. The wife of a pastor, Moore had used Johnson & Johnson’s Baby Powder throughout her life and blamed asbestos in the product for her fatal illness. This week, a Los Angeles jury ordered the consumer giant to pay her family almost $1 billion in damages, a sum thought to be the largest ever awarded in a mesothelioma talc claim against Johnson & Johnson.
Woman’s Mesothelioma Lawsuit Delayed by Johnson & Johnson Bankruptcy Filing
Mrs. Moore was one of roughly 90,000 claims filed by mesothelioma and ovarian cancer victims who blame their illnesses on asbestos in the company’s talc products. Those cases have only recently begun being heard after the company’s repeated bankruptcy filings. Johnson & Johnson has attempted to evade liability for asbestos-related damages by pursuing a controversial strategy known as a Texas Two-step, in which it has created a new entity, assigned all asbestos liabilities to the new company, and then had the new company file for bankruptcy protection. Each of these filings has been rejected, and civil lawsuits have been allowed to proceed.
Mrs. Moore was diagnosed with mesothelioma in December 2020 and died a year later. Her family filed their claim against the company in 2021, but the repeated bankruptcy filings resulted in a delay and multiple amended complaints. The wrongful death and survivorship claim that the Los Angeles jury heard cited negligence, breach of implied warranty, strict liability, fraud and concealment, conspiracy to defraud, and failure to warn.
Jury’s Decision in Mesothelioma Case Delivered After Two Days of Deliberations
The jury hearing the mesothelioma case deliberated for two days before handing down its verdict and award, which included $6 million for the family’s emotional distress, $10 million in non-economic damages, and $950 million in punitive damages for what they agreed was malice or oppression on Johnson & Johnson’s part. While the company’s vice president of litigation objected to the verdict and said that it would be immediately appealed, representatives of Mrs. Moore’s survivors said, “Mae should not have had to suffer because of a product she trusted for use on herself and her children. We are thankful for the time of the jury and the court for hearing her story and providing justice.”
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
