Products Liability Law Reporter
Verdicts & Settlements: Consumer Products
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Verdict for talc user’s mesothelioma
September 10, 2024Michael Perry, who was allergic to deodorant, used various body talc products throughout his life, including Clubman powder and Johnson’s Baby Powder. He was diagnosed as having mesothelioma, and his condition is terminal.
He and his wife sued Johnson & Johnson and manufacturer American International Industries, alleging negligence and strict liability. Suit also alleged fraudulent misrepresentation against American International Industries. The plaintiffs argued that although Johnson & Johnson knew as early as 1958 that its talc-based products contained asbestos, the company kept the products on the market until 2019, when FDA testing found asbestos in a sample.
The jury awarded approximately $63.4 million, including over $30 million in punitive damages and approximately $9.6 million for loss of consortium.
Citation: Perry v. Am. Int’l Indus., No. 2023-CP-04072 (S.C. Ct. Com. Pl. Richland Cnty. Aug. 19, 2024).
Plaintiff counsel: AAJ member Benjamin Adams, West Hollywood, Calif.; AAJ member Rachel Gross, Dallas; AAJ member Jonathan George, Richmond, Va.; and AAJ member Theile McVey, Columbia, S.C.
