Products Liability Law Reporter

Donna Olson used Johnson’s baby powder or Shower to Shower powder as part of her daily bathing ritual for more than six decades. She stopped using these products after learning of a possible link between talc and ovarian cancer. When she was 63, she was diagnosed as having pleural mesothelioma. She has undergone surgery, chemotherapy, and radiation but reportedly has a one-year life expectancy.

Olson and her husband sued Johnson & Johnson (J&J) and J&J Consumer, Inc., alleging strict liability and negligence. Among other things, the plaintiffs asserted that the defendants had known that Italian and Vermont talc ore contained asbestos fibers that posed severe health hazards yet failed to warn about the dangers. Further, suit alleged that J&J engaged in a decades-long campaign to conceal testing records, lie to the public and the FDA, and influence scientific literature and studies. As a result of Olson’s substantial use of and exposure to J&J’s powders, the plaintiffs alleged, she had significant asbestos exposure that led to mesothelioma. The plaintiffs did not claim lost income or medical expenses.

The jury awarded the plaintiffs $325 million. The award includes $25 million in compensatory damages, including $5 million to Olson’s husband; and $300 million in punitive damages. Of the punitive damages award, the jury assessed $200 million against J&J and $100 million against J&J Consumer, Inc.

Citation: Olson v. Brenntag N. Am., Inc., No. 190328/2017 (N.Y. Sup. Ct. New York Cnty. May 31, 2019).

Plaintiff counsel: AAJ members Jerome H. Block, Christian Hartley, Suzanne Ratcliffe, Margaret Samadi, and Alexandria Awad, all of New York City.