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Asbestos Litigation

MLC Law Firms Win $117 Million Mesothelioma Verdict Against J&J

Johnson & Johnson Baby Powder Talc Mesothelioma Verdict for Stephen Lanzo

Pictured: MesoLawyersCare attorneys Joseph Satterley (left), Moshe Maimon (middle) and Denyse Clancy (right) after this historic verdict.

April 11, 2018 – Two of the MesoLawyersCare law firms, working together for our deserving mesothelioma client, won a historic victory today in New Jersey state court against Johnson & Johnson Consumer, Inc. (“J&J”), and Imerys Talc America, Inc. (“Imerys”), a supplier of the talc. The jury unanimously found that Steve Lanzo’s mesothelioma was caused by exposure to asbestos in Johnson’s talc baby powder and Shower to Shower products. The trial proceeded in two phases: the liability and punitive damages phase. Last week, after a three-month trial, the jury awarded $37 million dollars to compensate Steve and Kendra Lanzo for their damages resulting from Mr. Lanzo’s mesothelioma. Today, the jury awarded an additional $80 million dollars in punitive damages, consisting of $55 million against J&J and $25 million against Imerys.

Both J&J and Imerys continue to claim that their talc never contained asbestos. However, the jury rejected this argument, unanimously finding that Mr. Lanzo breathed in asbestos from his use of J&J’s talc powders. In its verdict, the jury also decided unanimously that both defendants failed to adequately warn about the health hazards of asbestos in their talc. The jury was also asked to decide whether Johnson’s Baby Powder and Shower-to-Shower were “defective” products as the result of being unreasonably dangerous. The jurors all agreed that the products were defective because it contained asbestos and J&J had a safer feasible alternative design (corn starch) that they could have sold instead of its talcum powder. The MesoLawyerCare attorneys devoted themselves to the Lanzo family and this cause in order to win this important victory. The team of MesoLawyersCare attorneys presented a large number of previously confidential corporate documents regarding asbestos in talc for the jurors to view and consider in deciding the case.

This trial was the first mesothelioma case in which J&J has been held responsible for asbestos in its baby powder talc products. There have been previous verdicts against J&J in ovarian cancer cases, but those cases have not centered around the presence of asbestos in the talc and did not involve mesothelioma. The documents unsealed in court, which came from the defendants’ confidential files, dated back to the 1960s and 1970s. These documents showed that the companies knew that there was asbestos in the talc used in Johnson’s Baby Powder, but failed to provide any warnings to customers about this severe hazard. The jury was also shown documents showing that J&J could have replaced its talc baby powder with a safer alternative (corn starch) but failed to do so because of marketing and litigation concerns. One of the documents from 1977, indicated that J&J had done market testing showing that most customers preferred corn starch baby powder (a substance that is 100% asbestos-free).

The United States government has never regulated cosmetic talc powder products. The companies instead “self-regulated” and opted to primarily use a test method that they knew lacked the sensitivity needed to identify asbestos in talc. In the 1990s and 2000s, additional testing and correspondence put J&J on notice that there was asbestos in Johnson’s Baby Powder. One of these reports, from the 1990s, was a published article that identified a talc sample as “Sample I” that contained asbestos fibers. It was not until litigation with J&J in 2017, that it was revealed that J&J had documentation that “Sample I” (which contained asbestos) was Johnson’s Baby Powder, purchased off-the-shelf in the 1990s.

Evidence was introduced at trial showing that, in 2008, Imerys’ head of product stewardship made a monopoly board called “License to Market” for selling talc. On this monopoly board, a skull and cross bones and “DANGER” were placed next to squares marked “Public perception” and “Litigation”.

At the punitive damages phase of this trial, Imerys’ Chief Financial Officer testified that Imerys Talc America’s Board of Directors had not discussed making any changes as a result of the jury’s finding that there was asbestos in the company’s talc. J&J did not have a corporate representative testify during the punitive damages phase of the verdict.

The dedicated lawyers and staff from all the MesoLawyersCare law firms are proud to announce this important verdict for the Lanzo family. We are also hopeful that our victory in this case will help others diagnosed with mesothelioma resulting from exposure to asbestos from dangerous talcum powder products, and that these companies will stop using talc in baby powder and body powder products.

If you or a loved one has been diagnosed with mesothelioma, please contact us so that we can see if MesoLawyersCare can help you. Our firms have collectively recovered over $10 billion dollars for victims of mesothelioma and other asbestos-related diseases. As this verdict shows, we are willing to take on powerful corporations to get our clients the justice they deserve. You can contact us today by calling the phone number on this page, typing into the “live chat” with one of our representatives now, or filling out the form on this page.

How Much is My Case Worth? Three Important Factors.

Mesothelioma Case ValueWhen patients and families contact MesoLawyersCare, one of the most common questions asked of us is: How much is my case worth?

The answer to these questions is that “it depends” on many factors. Based on the decades of experience of the the four firms that comprise MesoLawyersCare, three important factors that affect the value of your mesothelioma case are:

1. The Identification of Asbestos-Containing Products Made or Sold by Specific Companies in Your Case:

Many people have been led to believe that if someone has mesothelioma, then they automatically will be paid a large amount of money. This is not true. One of the most important factors that will influence how much a mesothelioma case is worth is whether there is solid evidence of exposure to asbestos-containing products manufactured or sold by specific companies. The identification of a product manufacturer or seller is known as “Product I.D.” in asbestos litigation. This evidence usually takes the form of eyewitness testimony by the person who used the asbestos-containing products or other eyewitnesses (such as co-workers). For example, if a person who developed mesothelioma worked as an auto mechanic and was exposed to asbestos from performing brake repairs, this does not necessarily mean that any company that made asbestos-containing brakes will agree to pay or be required to by a jury. The case would require “Product I.D.” evidence that the person diagnosed with mesothelioma was exposed to dust from brakes manufactured or sold by a particular company or companies.

2. The Location Where Your Case Can be Filed:

Another important factor that will impact the value of a mesothelioma case is the places in which the particular case is able to be filed. There are certain locations or courts (known as “jurisdictions”) where the value of cases typically is higher. However, there are rules regarding what cases are allowed to be filed in which jurisdictions. A mesothelioma case can usually be fled in a jurisdiction where some of the asbestos exposure occurred. However, the case can also be filed in other jurisdictions, including the place where the defendants are headquartered or committed wrongful acts relating to the case. If the case can only be filed in “lower value” jurisdictions, then the case is more likely to have a lower value. On the other hand, if the case can be properly file in a “higher value” jurisdiction, then the chances of obtaining a higher case valued are increased. Factors influencing whether a jurisdiction is “higher value” versus “lower value” include: whether punitive damages are available, whether there is a history of high jury verdicts and the legal claims that are available to pursue in the particular jurisdiction.

3. The Lawyers You Choose For Your Case:

All mesothelioma lawyers are not equally qualified or experienced. The value of your mesothelioma case in the hands of one firm can have a much different value as compared to the value of the same case in the hands of another firm. The most important reasons for choosing MesoLawyersCare and for the success of our firms in representing families affected by mesothelioma are: Experience, Resources, Proven Track Record and Commitment. The Experience comes from a group of more than 70 attorneys who have been doing this work for more than 3 generations. We have seen essentially every different type of asbestos exposure in mesothelioma cases. The Resources comes from the combination of 4 successful law firms with offices, attorneys and investigators located throughout the United States. The Proven Track Record comes from decades of verdicts and settlements for our clients. For more information on this, see our verdicts and settlements page. Our Commitment is shown by our willingness to take on the most challenging mesothelioma cases, the close relationships we have with our clients, and our continuing contributions to mesothelioma research, which is part of the mission of MesoLawyersCare.

The three factors discussed above are important to consider in determining what your mesothelioma case may be worth. Keep in mind, that the most important first step is verifying that the diagnosis of mesothelioma exists in a particular case and that the case can be filed by the applicable statute of limitations. If you or a loved one has been diagnosed with mesothelioma, contact us now (using the phone number, live chat or form on this website), so we can see if we can help you with your case.

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