Johnson & Johnson’s $300 Million Damages Reduced to $120 million in Manhattan Supreme Court
The original award of $300 million in Pharmaceutical giant Johnson & Johnson’s New York asbestos-containing talcum powder case in 2019 has been reduced dramatically to $120 million. The damages now include $15 million of compensatory damages, down from $25 million, and $105 punitive damages, down from the original $300 million.
The 14-week trial in 2019 made international headlines, as plaintiffs Donna and Robert Olson successfully claimed that Johnson & Johnson’s talcum powder had caused Donna Olson to develop mesothelioma, a deadly cancer that is caused by asbestos fibers. Life expectancy for patients with Mesothelioma is about 12 months.
Presiding Judge Gerald Lebovits, not a jury, heard the case in a Manhattan courtroom and shared his decision in a 61-page opinion that the previous damages had violated the company’s due-process rights.
The reduced damages, however, do not reflect any new decisions as to the guilt of Johnson & Johnson regarding the asbestos-containing talcum powder, commonly called ‘baby powder’ by the public.
A plethora of lawsuits have been filed and successfully won in numerous states against Johnson & Johnson for the talcum powder. In 2020, the company agreed to pay damages of $100 million concerning over 1,000 lawsuits, with all plaintiffs alleging Johnson & Johnson talcum powders contained asbestos and caused cancer.
Another settlement in 2018, including lawyers from across the US, won a $4.7 billion decision against Johnson & Johnson. However, once again on appeal the settlement was cut down to $2.1 billion and is yet again in the process of another appeal.
The company continues to state that its products are safe and free from contaminants. In 2019, Johnson & Johnson recalled 33,000 bottles of the talcum powder, claiming it was due to “an abundance of caution.”
During the trial, attorneys for Johnson & Johnson said that they will appeal the decision due to “significant legal and evidentiary errors” in the case.
There are still about 20,000 talcum powder related lawsuits ongoing. Bloomberg estimates these lawsuits may cost $10 billion to settle.
