After six days of deliberation and a four-week trial, a California jury found Johnson & Johnson liable for a woman’s pleural mesothelioma and ordered the manufacturer to pay $40.3 million in damages.
Plaintiff Used J&J Baby Powder and Shower To Shower for Decades
The lawsuit contended that 71-year-old Nancy Cabibi of Hauser, Idaho had been using Johnson & Johnson baby powder and Shower To Shower as feminine hygiene products for decades before being diagnosed with a rare malignant cancer in 2017.
Since then, Mrs. Cabibi has undergone surgery, chemotherapy, radiation, and immunotherapy. Testing of her body tissue showed contamination from tremolite and anthophyllite asbestos – known contaminants. According to sources close to the plaintiff, every day is a fight for survival for Mrs. Cabibi, who suffers tremendous pain and diminished quality of life.
Jury Sides With Plaintiff, Rejects J&J Counter-Argument
Johnson & Johnson faltered in their argument that Mrs. Cabibi must have been exposed to asbestos while living in an industrial section of Los Angeles, even though she never worked in facilities where she could have been exposed to asbestos.
The massive $40.3 million verdict broke down to: $20 million to Mr. Cabibi for loss of companionship, loss of consortium, and loss of household services; $12.6 million for Mrs. Cabibi’s future pain and suffering; $6.5 million for past pain and suffering; and $1.2 million in economic damages (medical bills). No punitive damages were awarded.
The jury held J&J liable for negligent manufacturing, believing that the company’s talc at one point contained asbestos.
The company has continued to adamantly deny these allegations and plans to file for an immediate appeal. “Johnson’s Baby Powder does not contain asbestos nor does it cause cancer, as multiple juries have found in recent months, and as confirmed by more than 40 years of independent scientific evaluations,” they state.
History of Plaintiff Victories Over J&J
Though the company has had some luck through the appeals process, the most recent loss in September 2019 is one of many. Earlier this month, four plaintiffs in New Jersey were awarded $37.3 million for mesothelioma diagnosis related to Johnson & Johnson baby powder. In May 2018, two people in Oregon received a $25.75 million verdict for baby powder related asbestos exposure. More than 13,000 similar lawsuits are currently pending before U.S. District Judge Freda J. Wolfson in New Jersey under MDL 2738.
Are You Eligible to File a Talcum Powder Lawsuit?
If you or a loved one used Johnson & Johnson talcum powder, baby powder, or Shower To Shower products regularly and have been recently diagnosed with terminal cancer, contact a personal injury attorney at Showard Law Firm to discuss your legal options. You may be entitled to compensation for medical bills, therapies, wage losses, as well as pain and suffering. We accept cases nationwide with free consultations and contingency-based representation with no upfront money owed by plaintiffs.
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