In a landmark ruling, a California jury has mandated Johnson & Johnson (J&J) to compensate the family of Mae Moore a staggering $966 million. This comes after Moore, who passed away in 2021 at the age of 88, attributed her diagnosis of mesothelioma, a cancer linked to asbestos exposure, to her lifelong use of the company’s baby powder.
The verdict was reached late Monday by a jury in Los Angeles, making it the largest award for a single plaintiff in the ongoing 15-year litigation concerning J&J’s talc products. The jury awarded Moore’s family $16 million in compensatory damages, accompanied by an unprecedented $950 million in punitive damages. This decision underscores the jury’s judgment against the company, which was accused of concealing the health risks associated with its beloved powder.
In reaction to the verdict, Erik Haas, Worldwide Vice President of Litigation at J&J, expressed the company’s intention to appeal, labeling the verdict as “egregious and unconstitutional.” He further emphasized that it contradicts the outcomes of the vast majority of previous talc-related cases where J&J has secured favorable results.
This verdict emerges at a critical time for J&J, as the company is preparing for a series of jury trials related to its talc-based baby powder. Notably, the product was removed from the global market in 2023 following mounting legal challenges. J&J has made multiple unsuccessful attempts to leverage bankruptcy courts in an effort to negotiate settlements for the thousands of claims against it.
Jessica Dean, a Texas attorney representing Moore’s family, highlighted the lengthy journey to justice, stating, “It took this family five years to get their day in court and we’re pleased the jury concluded J&J should be held accountable.”
Despite J&J having spent over $3 billion in settling lawsuits that alleged its baby powder contained harmful asbestos, the company still faces more than 70,000 claims linking the product to mesothelioma and ovarian cancers. Many of these cases have been grouped together in New Jersey under a federal judge for pre-trial proceedings.
Historically, juries have found J&J and its spinoff, Kenvue, liable for cancer cases related to their baby powder, awarding billions in damages. However, several of these financial awards have been reduced or overturned through appeals.
J&J has consistently maintained that its talc products are safe and devoid of asbestos, asserting that the powder has been marketed responsibly for over a century. Nonetheless, court documents presented by plaintiffs suggest internal J&J communications indicated the company may have been aware of potential asbestos presence in its talc products since the early 1970s.
The 2018 case against J&J, which resulted in a $4.7 billion jury award to 20 women in Missouri, stands as the largest verdict against the company to date. That award was later reduced to $2.1 billion on appeal, with J&J ultimately paying around $2.5 billion with interest.
Experts believe that Moore’s award should also expect a reduction. According to Bloomberg Intelligence analyst Holly Froum, U.S. Supreme Court guidelines stipulate that punitive damages should not exceed ten times the compensatory damages to be deemed reasonable.
Court filings indicate that Moore used J&J’s baby powder and the Shower-to-Shower powder variant for approximately 80 years. The jury concluded that J&J had deliberately failed to inform users like Moore about the cancer risks associated with its products. It is worth noting that J&J sold Shower-to-Shower to Valeant Pharmaceuticals for around $150 million in 2012.
The case is officially recorded as Moore v. J&J, JCCP 4674, 21STCV055134, in the California Superior Court (Los Angeles).
