October 11, 2018
On October 11, 2018, a Middlesex County, New Jersey jury of 5 women and 2 men rendered a defense verdict (7-0) in favor of Johnson & Johnson (“J&J”) in the Rosalind and Frederick Henry matter. The jurors found that Plaintiffs failed to prove a prima facie case against J&J and answered “no” to the first interrogatory on the verdict sheet. Plaintiffs alleged J&J contributed to Ms. Henry’s development of mesothelioma, diagnosed when Ms. Henry was age 68, nearly 20 years after she last used J&J baby powder. Ms. Henry used J&J baby powder from 1967 to 1990 on herself, the family dog, and her children.
During the trial Plaintiffs argued J&J did not adequately test its product for asbestos contamination and failed to warn of asbestos exposure from use of J&J baby powder. Further, they maintained J&J was aware of the contamination and still continued selling talcum powder. Plaintiffs contended that if Ms. Henry knew of the risks associated with asbestos, she never would have used J&J baby powder.
In their case-in-chief, Plaintiffs produced live and by videotape J&J’s corporate representative who maintained J&J’s talc-based baby powder was not contaminated with asbestos. Plaintiffs presented documents which they posited establish that J&J knew of the contamination and decided to sell talcum powder products anyway. In terms of experts, Plaintiffs called Dr. William Longo (microscopist) and Dr. Alice Blount (mineralogist) who testified they tested J&J products and found asbestos contamination. They maintained that J&J’s testing protocol was insufficient to detect contamination. Dr. John Maddox (pathologist) and Dr. Murray Finkelstein (epidemiologist) were also called as causation experts and testified that Ms. Henry’s repeated use of J&J baby powder, over the years, caused her development of malignant mesothelioma. Ms. Henry provided testimony regarding her use of J&J baby powder as well as the medical treatment she has undergone as a result of the mesothelioma.
J&J called only one expert, Dr. Gregory B. Diette, an epidemiologist, in support of its defense. Dr. Diette testified Ms. Henry’s mesothelioma was not caused by her use of J&J baby powder. Dr. Diette testified about various studies including ones done on miners and millers of talc. These individuals worked in mines or mills everyday with talc ore and did not develop mesothelioma. He also testified about Ms. Henry’s medical history opining that the radioactive iodine treatment for thyroid cancer contributed to the development of Ms. Henry’s mesothelioma. J&J argued that their talcum powder is safe and adequately was tested based in accordance with the approved methodology.