Court: Massachusetts Superior Court, Middlesex County
A Massachusetts jury awarded plaintiff Janice Paluzzi $8 million in damages against defendant Johnson & Johnson and Johnson & Johnson Consumer Inc. (collectively, J&J).
Plaintiff filed a lawsuit against numerous defendants, including J&J, alleging her use of talcum powder products manufactured by defendants, including Johnson’s Baby Powder and Shower to Shower (both manufactured by J&J), caused her to develop mesothelioma due to the products’ purported asbestos contamination. At the time of trial, J&J was the last remaining defendants.
At trial, plaintiff argued for $25M in damages for past pain and suffering, relying on expert testimonies regarding the alleged asbestos content in J&J products and a qualitative analysis of the alleged exposure. In response, J&J contended there was inadequate evidence linking plaintiff’s usage of J&J’s talc products to her mesothelioma, pointing out that none of the tested bottles proffered at trial were actual bottles used by plaintiff, and that plaintiff preferred a different brand of talc. J&J further argued that if plaintiff was exposed to asbestos, any purported exposure likely resulted from her family’s work environments, particularly at the John Hancock Building in Boston, where asbestos materials were present.
In the end, the jury returned a plaintiff verdict, finding she successfully demonstrated that J&J’s talc products contained asbestos and that a design defect significantly contributed to plaintiff’s mesothelioma. The jury did not, however, find J&J liable for breaching the implied warranty of merchantability or that J&J was negligent in providing purportedly inadequate warnings.
Ultimately, plaintiff was awarded $8 million in damages – $5 million for past pain and suffering and $3 million for future pain and suffering.
Read the full decision here.
