SPOKANE, Wash. — Today, March 9, would have been Verna Richards’ 80th birthday. Instead, it was the first day of her family’s jury trial against pharmaceutical giant Johnson & Johnson.
Richards, 72, died in 2018 of mesothelioma, which her daughter Bethany alleges she contracted from using J&J baby powder.
The 16-member jury heard opening statements from Dallas-based Dean Omar Branham Shirley partner Jessica Dean in chilly Spokane Monday morning.
She started by displaying a photo of Richards for the jury.
“You’re going to hear that this cancer did not have to happen, that Bethany did not have to lose her mom, and so obviously this is an important case to her,” Dean said to the jurors.
She explained to the jury that one of the witnesses they will hear from will explain how the body reacts to asbestos exposure.
“Thousands of unnecessary cancers occur,” Dean said. “Verna was one of them.”
Dean went on to argue that J&J chose a talc mine that they knew contained asbestos and chose to use that in its products.
“They fully knew and understood over 50 years ago that asbestos is a carcinogen, that it is dangerous and that it is particularly dangerous at any level,” Dean said, explaining that J&J continued to sell its product despite allegedly knowing there was asbestos in its product.
She went on to explain what minerals are asbestos and how testing works to find asbestos in talc.
Dean said in 2019 the Federal Drug Administration found asbestos in J&J’s baby powder.
“This is bigger than just what happened to this family,” Dean said to the jurors.
Los Angeles-based Kirkland & Ellis partner Bill Oxley argued J&J’s baby powder did not cause Richards’ cancer in his opening statement to the jurors.
Oxley claimed the dose is the difference.
“There are safe exposures to asbestos,” Oxley told the jury.
He responded to Dean’s statement that the FDA found asbestos in its baby powder in 2019, telling jurors that the FDA tested its powder three times in 2018 and didn’t find any asbestos, and then found small amounts of asbestos in two tests in 2019.
He explained that the FDA didn’t immediately notify the company of the results because it was concerned it had to do with an exposure in the lab rather than the powder itself.
“Johnson & Johnson acted responsibly and immediately jumped into action within two days of when Johnson & Johnson was notified, it recalled that entire lot,” Oxley said.
He said the amount found in the powder was less than what is considered hazardous.
“J&J’s baby powder didn’t cause Ms. Richards mesothelioma,” Oxley told the jury, concluding his opening statement.
The jury trial is currently scheduled to continue until April 20.
Philadelphia-based Kirkland & Ellis partner Brian Raphel is also representing J&J.
Jonathan Holder of DOBS is also representing Richards.
The case is Verna Richards v. Johnson & Johnson, 22-2-00902-32.