Johnson & Johnson Ordered to Pay $260 million to U.S. Cancer Patient Blaming Its Baby Powder

In a landmark decision, a Portland, Oregon jury has ordered Johnson & Johnson to pay a staggering $260 million (approximately ₹2,170 crore) to Kyung Lee, a woman who attributed her mesothelioma, a cancer linked to asbestos exposure, to the company’s talc-based baby powder. 

This decision is a significant blow to the pharmaceutical giant as it struggles to resolve mounting litigation over its now-withdrawn product.

Lee, who was diagnosed with mesothelioma at the age of 48 last year, claimed that her lifelong use of Johnson & Johnson’s baby powder, allegedly tainted with asbestos, led to her illness. 

The jury awarded her $200 million in compensatory damages and an additional $60 million in punitive damages. 

Ben Adams, one of Lee’s attorneys, expressed satisfaction with the verdict, emphasizing that justice had been served and that Lee's family’s future had been secured.

Johnson & Johnson, based in New Brunswick, New Jersey, is currently facing over 61,000 lawsuits alleging that its talc products caused various types of cancer. 

Many of these cases have been consolidated before a federal judge in New Jersey, with additional trials scheduled to commence in state courts. 

Next week, a state court in Dallas will begin hearing another talc-related case.

This verdict arrives as Johnson & Johnson is actively attempting to persuade users of its baby powder to support an $11 billion settlement for all current and future lawsuits. 

This settlement would be facilitated by another bankruptcy filing by a Johnson & Johnson subsidiary. 

Consumers will soon have the opportunity to vote on the deal as part of preparations for the company's third bankruptcy filing in recent years.

Despite the Oregon jury's decision, Johnson & Johnson officials remain confident that the verdict will be overturned on appeal. 

Erik Haas, the company’s worldwide vice president of litigation, stated that the verdict contradicts decades of independent scientific evaluations confirming that their talc is safe, free of asbestos, and does not cause cancer. 

Johnson & Johnson has consistently maintained that its talc products do not cause cancer and has spent billions settling other mesothelioma cases to pave the way for resolving the talc litigation through bankruptcy courts.

In 2020, Johnson & Johnson withdrew its talc-based powders from the U.S. and Canadian markets due to declining sales, replacing them with a cornstarch-based version. 

The company has pledged to remove all talc-based baby powders from the market worldwide by the end of last year. 

The new bankruptcy plan proposes to pay $6.48 billion over 25 years to resolve ovarian cancer claims, although details about the allocation for current cases and future claims remain unclear. 

Consumers have eight weeks to decide whether to support the settlement.

Opposition to the settlement remains, with some lawyers arguing that the proposed payouts are insufficient and would unfairly force settlements on injured consumers. 

Andy Birchfield, a lawyer representing former baby powder users, highlighted the seriousness of Johnson & Johnson's talc problem, emphasizing that the Oregon jury's decision should serve as a clear message to the company to allow women their day in court.

The verdict and ongoing litigation underscore the immense challenges Johnson & Johnson faces in addressing the fallout from its talc-based products, as the company continues to navigate complex legal and financial ramifications.