J&J to Appeal $260 Million Decision Claiming Other Sources of Asbestos Exposure
Other talcum powder mesothelioma cases where the source of asbestos is in question have been overturned on appeal
Tuesday, June 4, 2024 - A historic $260 million verdict given to Kyung Lee, 48 and her husband by a Multnomah County jury is scheduled for appeal by Johnson & Johnson (J&J). Lee won her case on the grounds that she breathed asbestos that was purportedly in Johnson's Baby Powder and got mesothelioma. Fast after the ruling, J&J announced an appeal, arguing that Lee's asbestos exposure most likely came from other sources, most notably a textile factory close to her South Korean childhood home and that their talc products are thoroughly tested for asbestos. Johnson & Johnson's appeal plan mostly consists of contesting the evidence and jury verdict. The corporation has long maintained the safety and absence of asbestos contamination of its talc products, which include the well-known Johnson's Baby Powder. J&J underlined that its talc is thoroughly tested and complies with strict safety requirements established by the FDA and other regulatory agencies, and above all does not cause talcum powder cancer.
J&J offered information during the trial that suggested other asbestos exposure may have been the genesis of Lee's mesothelioma. Their legal team cited Lee's early years in South Korea, where she was raised close to a textile factory that was reputed to have used asbestos in its processes. J&J said this plant was a more likely source of the asbestos exposure that caused her mesothelioma. The defense team of J&J mostly based their arguments on historical data and scientific testimony. Experts for the defense contended that Johnson's Baby Powder contained asbestos, but the plaintiff's team's testing procedures were faulty and unreliable enough to establish so. They also cited research by governmental bodies and independent labs that purportedly revealed no asbestos contamination in their talc goods. The company's legal case mostly depends on the validity of the scientific data and the viability of other asbestos exposure sources. The plaintiff's specialists were unable, according to J&J's attorneys, to prove a clear connection between Lee's mesothelioma and the talc in Johnson's Baby Powder. They said that while asbestos fibers in talc are uncommon, they are also easily found using contemporary screening methods, which J&J uses extensively.
J&J will probably concentrate on procedural and evidentiary problems from the trial in their appeal. They could contend that the jury's verdict was unduly impacted by biased testimony or inadmissible material that the judge permitted. Through close examination of the trial procedures, J&J hopes to either reverse the decision or obtain a new trial. The claim that Lee may have been exposed to asbestos in the textile factory close to her South Korean childhood home was a key part of J&J's defense. Known to use asbestos in its manufacturing operations, this plant was in operation when Lee was a resident of the neighborhood. Attorneys for J&J contended that Lee's mesothelioma was more likely caused by ambient contamination from this plant than by infrequent usage of their talc goods. J&J offered historical statistics and professional testimony regarding the industrial usage of asbestos in South Korea to bolster this assertion. They brought attention to the fact that asbestos is a common material in manufacturing, construction, and textiles among other sectors. The defense argued that rather than using Johnson's Baby Powder, Lee might have been exposed to asbestos fibers through pollution of the land, water, or air.
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