A jury in New York City’s controversial asbestos court reached a $25 million verdict against Johnson & Johnson. J&J also faces the possibility of punitive damages. Jurors will reconvene next week to deliberate whether punitive damages should be awarded as well. This is the first time since the 80s that a New York City asbestos case has had a jury deliberate punitive damages.
So far, defendants have claimed the procedures in NYCAL are unfair and appealed an order that reinstated those damages, but their efforts haven’t been successful.
Johnson & Johnson is fending off lawsuits all over the country that claim the company’s baby powder caused mesothelioma and ovarian cancer. In Missouri, 40 women were awarded a $4.14 billion verdict that J&J is currently appealing.
Donna Olson’s mesothelioma lawsuit was scheduled for trial in NYCAL in the first part of 2019. Her case was also the first of four talcum powder cases to go to verdict. According to court records, J&J tried to make an issue out of the testimony of plaintiffs expert William Longo, saying Longo’s testimony was the “cornerstone” of Olson’s case.
In a statement, J&J said:
“His trial suffered significant legal and evidentiary errors – one of the most egregious being the demonstrably false testimony from the plaintiff’s central expert, which prompted us to move for mistrial. As the jury was prevented from being made aware of the falsities in his testimony, we believe these errors will warrant a reversal on appeal.”
In a response, a plaintiff attorney representing Olson said:
“J&J’s accusation is not only slanderous, it was made in bad faith. J&J accuses Dr. Longo of misleading the Court and concealing the connection between Mr. Berkness and the Kazan firm. However, J&J knew at the time it filed this motion that Dr. Longo did not learn of Mr. Berkness’ familial relationship until March of this year.
Not only has J&J thoroughly examined Dr. Longo about these samples and his testing of them, J&J has had a full and fair opportunity to examine the samples. Despite ample opportunity to produce new evidence that the samples were compromised, J&J has not done so.”
To find out more about the latest details on Johnson & Johnson’s talcum powder litigation, click here.
Have you or a loved one developed mesothelioma or ovarian cancer after using Johnson & Johnson’s baby powder? Call our law firm today at (888) 398-2277 to set up a consultation with our lawyers to discuss how to recover the compensation you are entitled to.