Case details

Plaintiff’s mesothelioma was caused by other factors: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cancer, mesothelioma
FACTS
In January 2018, plaintiff Carla Allen, 50, a realtor, was diagnosed with malignant mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. Allen claimed that her cancer was caused by exposure to asbestos from talc in Johnson & Johnson’s Baby Powder products, as well as Colgate’s Cashmere Bouquet. Allen sued Johnson & Johnson, Johnson & Johnson Consumer Inc., Colgate-Palmolive Co. and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which Allen was allegedly exposed. Colgate and several other defendants resolved the claims against them, were dismissed, or settled out of the case. Thus, the matter only went to verdict against Johnson & Johnson. Plaintiff’s counsel contended that Johnson & Johnson knew since the 1950s that its talcum products contained asbestos and were likely hazardous to the health of consumers. Counsel also contended that the company hid that information from consumers to protect the brand. Johnson & Johnson contended that its baby powder has never been contaminated with asbestos and that decades of testing have found it safe., Allen claimed that she was exposed to asbestos from the late 1960s until 2000 and that she was diagnosed with mesothelioma in January 2018. She underwent surgery, chemotherapy, cryoablation therapy, and other treatments. Plaintiff’s counsel asked the jury to compensate Allen with significant economic damages, including lost wages and medical expenses, as well as significant non-economic damages for her physical and emotional pain and suffering. The total asked for was less than $40 million. Allen also sought recovery of punitive damages, claiming Johnson & Johnson knew of the asbestos in its products. Defense argued that there were other potential causes for Allen’s mesothelioma, including her grandfather’s medical history, exposure that she might have had as a child, exposure from her job, and exposure from her husband’s job.
COURT
Superior Court of Humboldt County, Eureka, CA

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