Yesterday, a U.S. court has overturned a US$260 million verdict against Johnson & Johnson (J&J) in a talc-related lawsuit. The lawsuit, filed by Kyung Lee, alleged that she developed mesothelioma, a cancer linked to asbestos exposure, from using J&J’s talc powder. On June 4, 2024, a court ruled in favor of Lee, awarding her $60 million in compensatory damages and $200 million in punitive damages. However, this decision was recently nullified by Judge Katharine von Ter Stegge of the Judicial District Circuit Court in Portland.
Judge von Ter Stegge is expected to schedule a new trial for J&J and plans to release a statement clarifying her reasoning soon. Erik Haas, J&J’s Worldwide VP of Litigation, stated that the original verdict stemmed from “numerous egregious errors” by the plaintiff’s lawyers and lacked a foundation in law or science. Lee’s lawyer, Trey Branham, expressed disagreement with the ruling and has confirmed plans to appeal.
This overturned verdict is a rare win for J&J amid its ongoing legal battles over its talc products. The company has faced numerous lawsuits, including a case in 2021 where it was found not liable for contributing to a woman’s ovarian cancer. Nonetheless, J&J is still facing claims from over 62,000 individuals, with recent cases continuing to emerge. In April 2024, J&J and its subsidiary Kenvue were ordered to pay $45 million to the family of a woman who allegedly died from cancer after using Johnson’s Baby Powder.
J&J maintains that its talc products are safe, asbestos-free, and do not cause cancer. In August 2022, the company announced the cessation of its global sales of talc-based baby powder, shifting to a cornstarch-based formula after a comprehensive product review.
