Dallas-based Dean Omar Branham Shirley secured another trial win Thursday against Johnson & Johnson over allegations its baby powder contained cancer-causing asbestos.
A Columbia, South Carolina jury decided DOBS client Michael L. Perry, who is suffering from mesothelioma, and his family are entitled to more than $32.6 million. Jurors found Johnson & Johnson and American International Industries liable.
The jury also hit Johnson & Johnson with $30 million in punitive damages and American International Industries with $760,000.
This is the latest in a string of victories for DOBS against Johnson & Johnson.
In April, a Cook County, Illinois, jury delivered a $45 million verdict in a wrongful death lawsuit against Johnson & Johnson and two of its subsidiaries.
A Portland, Oregon, jury in June handed up a $260 million verdict against Johnson & Johnson for a DOBS client.
Also in June, DOBS went to trial against Johnson & Johnson in a Dallas courtroom, but the parties settled after just one witness testified. Terms of the settlement are confidential.
Johnson & Johnson is facing lawsuits across the country from people who claim the company knew cancer-causing asbestos was turning up in its baby powder for decades but didn’t warn consumers or the U.S. Food and Drug Administration.
Johnson & Johnson has denied the talc long used in its baby powder was contaminated with asbestos. The company announced in 2022 that it was discontinuing talc-based baby powder and would use cornstarch instead but denied the switch was due to unsafe talc.
On Thursday, Johnson & Johnson Worldwide Vice President of Litigation Erik Haas issued a statement vowing to “immediately appeal” the latest verdict and expressing confidence it would be reversed “like the majority of aberrant adverse verdicts that have no basis in the law or science.”
“The court made a series of erroneous rulings before and during the trial that prevented Johnson & Johnson — and the other manufacturer defendant — from presenting its defense and forced the Company to move for a mistrial on multiple grounds,” Haas said.
Stephanie Flynn, a lawyer for American International Industries, also criticized the judge’s rulings that, Flynn said, prevented the small family business from putting on an adequate defense. The company will appeal, Flynn said.
“We believe that this case raises critical issues of due process, as required by the United States Constitution, that must be addressed to prevent future injustices,” Flynn said. “Today’s decision ignored clear constitutional requirements necessary before any punishment synonymous with punitive damages can be imposed.”
In a statement, DOBS partner Ben Adams, who was part of the trial team, accused Johnson & Johnson of refusing “to accept accountability for the lives they’ve taken.”
“But today, the jury saw through their tactics and delivered a measure of justice,” Adams said.
Perry was also represented by Rachel Gross and Jonathan George of DOBS and Theile McVey of Kassel McVey.
Johnson & Johnson was represented by Kim Bueno of Butler Snow and Blake Williams and C. Mitchell Brown of Nelson Mullins.
American International Industries were represented by Stephanie Flynn and Nicolas Cherry of Fox Rothschild.
The case is Michael L. Perry and Lonnie L. Long v. American International Industries et al, No. 2023-CP-20-04072 in the Court of Common Pleas Fifth Judicial Circuit in Columbia, South Carolina, before Justice Jean Toal.