Johnson & Johnson owes a 37-year-old mother of three $65.5 million in damages for causing her mesothelioma, a jury in St. Paul, Minn., determined Friday afternoon.
Anna Jean Houghton Carley, who was diagnosed with terminal peritoneal mesothelioma in February, alleged exposure to Johnson & Johnson’s baby powder throughout her childhood exposed her to asbestos and contributed to her developing mesothelioma.
The jury of six heard 13 days of testimony over three weeks and deliberated for five hours before returning its unanimous verdict. The panel awarded about $5.5 million for past healthcare expenses and bodily and mental harm; $32.5 million for future health care expenses and bodily and mental harm; and $27.5 million to Carley’s husband, Michael Carley, for past and future loss of companionship.
The jury was not asked any questions about exemplary damages. The panel found Johnson & Johnson’s product was defective, that the defect was a direct cause of Carley’s injury, that the defect was unreasonably dangerous, that J&J failed to provide adequate warning for the safe use of the product, and that said failure was a direct cause of Carley’s injury.
Ben Braly of Dean Omar Branham Shirley, who represented Carley at trial, said the case wasn’t just about compensation, but about “truth and accountability.”
“This verdict does not make up for the pain and suffering that Anna, her husband Mike, and her children will go through all because of J&J’s desire for revenue and company profits,” he said in a news release announcing the verdict.
Erik Haas, worldwide vice president of litigation for Johnson & Johnson issued a statement vowing an immediate appeal of the verdict and saying that he “fully expect[s] the appellate court to reverse the verdict.”
“These lawsuits are predicated on ‘junk science’ refuted by decades of studies, that demonstrate Johnson’s Baby Power is safe, does not contain asbestos and does not cause cancer,” he said. “The company will continue to advocate for gold standard science in the U.S. judicial system. For far too long American juries have been permitted to review junk science supporting plaintiff lawyers in search of jackpot verdicts, instead of science from scientific agencies authorized by congress to evaluate such matters.”
Carley is also represented by Aaron Chapman, Laurel Halbany and Daniel Liberio of DOBS and Chad Alexander of Sieben Polk. In a post on LinkedIn, Trey Branham of DOBS said the verdict is the first talc verdict in Minnesota “as well as the first asbestos case of any kind to go to verdict in Minnesota in five years.”
Johnson & Johnson is represented by Steve Quattlebaum of Quattlebaum, Grooms & Tull in Little Rock, Ark., Brittany Ford of Kirkland & Ellis and Lisa Elliott.
The case number is 62-CV-25-2358.