Court Tosses $223.8M Verdict Against J&J in Talc Cancer Case
Article 1 Comment A New Jersey appeals court on Oct. 3 threw out a $223.8 million verdict against Johnson & Johnson that a jury had awarded to four plaintiffs who claimed they developed cancer from being exposed to asbestos in the company’s talc powder products. The Superior Court of New Jersey, Appellate Division found that a lower court judge should not have allowed some of the scientific expert testimony the plaintiffs presented to jurors at trial. J&J Worldwide Vice President of Litigation Erik Haas said in a statement that the decision “resoundingly rejects … the ‘junk science’ advanced by purported ‘experts’ paid by the mass tort asbestos bar.” The company again said that its talc products are safe and do not contain asbestos. A lawyer for the plaintiffs did not immediately respond to a request for comment. The jury in the case had ordered the company to pay $37.2 million in compensatory damages and $750 million in punitive damages, though that amount was automatically reduced to $186.5 million under state law. In reversing the verdict and ordering a new trial, a three-judge panel of the appeals court found that the trial court failed to fulfill its “gatekeeping role” of assessing...