Products Liability Law Reporter

Patricia Schmitz was exposed to talc powder products—including Johnson & Johnson Baby Powder and Colgate-Palmolive’s Cashmere Bouquet—from the time of her birth in 1957 through the 2000s. She was later diagnosed as having mesothelioma.

Schmitz sued Johnson & Johnson, Johnson & Johnson Consumer Inc., and Colgate-Palmolive Co., alleging negligence, intentional misrepresentation, concealment, and strict products liability design defect and failure to warn. The plaintiff claimed that her use of the defendants’ products exposed her to elevated levels of asbestos fibers and that her mesothelioma resulted from this exposure.

The jury awarded approximately $12 million in compensatory damages, including $150,000 for past medical expenses and more than $1.2 million in past and future economic loss. The jury apportioned liability at 40% to Colgate-Palmolive, 30% to Johnson & Johnson, 10% to Johnson & Johnson Consumer Inc., and 20% to nonparty Avon Products, Inc. The court ordered a partial retrial as to whether Johnson & Johnson and Johnson & Johnson Consumer Inc. acted with malice, fraud, or oppression.

Plaintiff counsel: AAJ members Joseph D. Satterley, Denyse F. Clancy, and Ian A. Rivamonte, all of Oakland, Calif.

Citation: Schmitz v. Johnson & Johnson, No. RG18923615 (Cal. Super. Ct. Alameda Cnty. Super. Ct. June 19, 2019).

Comment: In another baby powder lawsuit brought by a woman with advanced stage ovarian cancer, Kleiner v. Rite Aid Corp., 2019 WL 2462967 (E.D. Pa. June 11, 2019), a federal district court declined to exercise jurisdiction over Johnson & Johnson based on the possibility it may sue nonparty Imerys Talc America Inc. for indemnification in the future. The court also held that the limited record that the defense presented on its purported shared insurance with Imerys does not warrant a finding of jurisdiction. Consequently, the court remanded. AAJ members Nancy J. Winkler and Todd A. Schoenhaus, both of Philadelphia, represented the plaintiffs.