Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as M.P.
In a recent court decision, a South Carolina state court jury awarded $63.4 million to a man diagnosed with malignant mesothelioma in a case against Johnson & Johnson (J&J). The compensation amount is meant to cover both punitive and compensatory damages. M.P. was diagnosed with malignant mesothelioma, a rare and aggressive illness that develops after asbestos exposure, at the age of 53. He blamed his illness on his lifelong use of Johnson & Johnson’s talc powder.
Malignant mesothelioma is a type of cancer that is rare in the United States. Statistics suggest that about 3,000 new mesothelioma cases are diagnosed in the United States annually. Mesothelioma develops after a person is exposed to asbestos. However, this illness does not develop immediately after exposure. It can take decades for mesothelioma to develop after asbestos exposure. Asbestos is a naturally occurring mineral that is resistant to heat, fire, and many chemicals. This made asbestos useful in many industries and products. However, when asbestos is disturbed, it releases fibers into the air, which, when inhaled or ingested, can become lodged in the lungs or other tissues, leading to serious health issues like mesothelioma.
M.P. used J&J’s talc powder, which contained asbestos for a long time, and this resulted in asbestos exposure, which, over time, caused his mesothelioma. The jury hearing the case heard testimony from Mr. M. P’s witnesses and representatives, who argued that J&J was aware of the asbestos contamination in its talc products but continued selling them regardless. In response to these allegations, J&J tried to deflect blame. The giant pharmaceutical company argued that the claimant’s asbestos exposure resulted from the asbestos-contaminated brake pads he came into contact with while helping his father in the garage.
However, J&J’s argument did not persuade the jury. The jury sided with M.P.’s claim that his mesothelioma was a direct result of the consumer giant’s talc powder. Johnson & Johnson’s attorneys were not happy with how the court handled the case. Throughout the case, the legal representatives raised several objections to how the court dealt with the case. The company lost on numerous pre-trial motions and, after, moved for a mistrial. This attempt was unsuccessful. Johnson & Johnson then chose not to present any defense during the trial and instead opted to appeal the jury’s decision.
The jury awarded M.P. $30 million in punitive damages and $33.4 million in compensatory damages. This multi-million-dollar award is not an isolated incident but part of a pattern of legal defeats for J&J. Recently, an Oregon jury awarded $260 million in damages in a case against the consumer giant. An Illinois jury recently passed a $45 million verdict in another case. Also, J&J recently reached a settlement with a Texas plaintiff for an undisclosed amount.
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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.