Last week, a Philadelphia jury awarded $250,000 to the estate of Gayle Emerson after finding Johnson & Johnson liable for her fatal ovarian cancer. This decision follows several recent plaintiffs’ victories ordering the consumer giant to compensate mesothelioma and other cancer victims sickened by asbestos-contaminated talc.
Asbestos Contamination Allegations Central to Mesothelioma and Ovarian Talc Verdicts
The Philadelphia case, like thousands of pending mesothelioma and ovarian cancer lawsuits, claimed that Johnson & Johnson’s concealment of the toxic mineral’s presence in its baby powder led to Mrs. Emerson’s fatal illness. The jury returned its verdict after three weeks of trial and three-and-a-half days of deliberation, awarding $50,000 in compensatory damages and $200,000 in punitive damages.
Mrs. Emerson’s family’s representative said, “Johnson & Johnson hid the presence of asbestos in Johnson’s baby powder from the FDA, the regulators, and people like Ms. Emerson since the 1960s.” Evidence presented at trial indicated that she had used Johnson & Johnson’s baby powder for decades before developing ovarian cancer. Like many mesothelioma and ovarian cancer victims who’ve pressed for justice, she died before her lawsuit could be resolved.
Mesothelioma-Related Talc Verdict Signals Shift After Bankruptcy Delays
The $250,000 verdict represents the first talc plaintiffs’ victory in Philadelphia in years. It follows a five-year gap caused by stays during Johnson & Johnson’s talc unit bankruptcy proceedings. The company’s use of the bankruptcy strategy known as the Texas Two Step has been used by several defendants in mesothelioma litigation, but after numerous rejections of J&J’s application, mesothelioma and ovarian cancer cases related to the company’s talc products are beginning to be heard again.
While modest compared to December’s $1.5 billion judgment in Baltimore and the $40 million awarded in Los Angeles, the Philadelphia award demonstrates that juries are willing to hold Johnson & Johnson accountable for asbestos contamination. The family’s representative said that though the award “is less than we hoped, and significantly less than the amount necessary to punish J&J for their outrageous conduct,” the family appreciated that the jury found Johnson & Johnson’s asbestos-contaminated product “directly responsible for the death of Ms. Emerson.”
If you or someone you love is diagnosed with mesothelioma or ovarian cancer, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
