Case details

Use of asbestos-containing talc caused cancer: plaintiff

SUMMARY

$27458000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
abdomen, cancer, mesothelioma
FACTS
In 2019, plaintiff Shawn Johnson, 59, an electrical engineer, learned that he was suffering peritoneal mesothelioma, a malignant cancer that is caused by ingested asbestos fibers. Johnson claimed that, during much of the 1960s and continuing through the late 1970s, he regularly used a talc-based hygienic product, Johnson’s Baby Powder. He claimed that he used the product on his seven children beginning around 1985 and continued to do so until his cancer was diagnosed. He claimed that his cancer was a result of him having been exposed to asbestos fibers contained in the product. Johnson sued the baby powder’s designer, Johnson & Johnson; the product’s distributor, Johnson & Johnson Consumer Inc.; and retailers from which he claimed to have purchased the product, Albertsons Cos. Inc., Costco Wholesale Corp., Ralphs Grocery Co., Thrifty Payless Inc. and Walmart Inc. The lawsuit alleged that the baby powder was defectively designed and manufactured. The lawsuit further alleged that the defendants were strictly liable for the product’s defective condition. Several defendants were dismissed or discontinued, and others negotiated settlements of the claims against them. The matter proceeded to a trial that addressed Shawn Johnson’s claims against Johnson & Johnson and Johnson & Johnson Consumer. Plaintiff’s counsel contended that the defendants knew that their baby powder contained asbestos but failed to correct the problem or provide a warning to users. Defense counsel contended that the baby powder did not contain asbestos., Johnson suffers terminal, malignant peritoneal mesothelioma. The condition was diagnosed in 2019. About 12 months later, Johnson underwent hyperthermic intraperitoneal chemotherapy surgery, a two-step procedure that treats certain cancers in the abdomen. The cancerous tumors were surgically removed, and heated chemotherapeutic agents were applied directly inside the abdomen to eliminate the remaining cancerous cells. Johnson’s expert pulmonologist opined that Johnson’s life was prolonged by the surgery, but he contended that the cancer will eventually claim Johnson’s life. Johnson claimed that he may undergo immunotherapy, but that he has not been qualified for any trials of the treatment. Johnson sought recovery of past and future medical expenses, damages for past and future pain and suffering, and punitive damages. His wife sought recovery of damages for loss of consortium. Defense counsel argued that Shawn Johnson’s cancer was a spontaneous, naturally occurring cancer or the result of a yet-identified familial cancer syndrome, given that Johnson had been diagnosed with three prior cancers and had a rare genetic anomaly of hereditary hemochromatosis, a disease in which the body retains high levels of iron.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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