$63.4 millionVerdictOn appeal

$63.4 Million Verdict for Mesothelioma Patient Against Johnson & Johnson Over Asbestos in Talc Products

Verdict · Richland County Court of Common Pleas, 5th Judicial Circuit, Columbia, South Carolina (No. 2023-CP-40-04072) · 2024

After trial: Johnson & Johnson moved for judgment notwithstanding the verdict or a new trial and said it would appeal, and Branham said payment would wait until appeals end. We could not find a reported ruling on the post-trial motion or any appellate decision, so the outcome is treated as on appeal.

Won by Dean Omar Branham Shirley, LLP.

A Richland County jury awarded Michael Perry, a 53-year-old man diagnosed with mesothelioma, $63.4 million on August 15, 2024. The award was $32.6 million in compensatory damages plus $30 million in punitive damages against Johnson & Johnson and $760,000 against American International Industries. Perry alleged asbestos in Johnson's Baby Powder and other talc products caused his cancer. Johnson & Johnson said it would appeal.

What happened

On August 15, 2024, a Richland County jury in Columbia, South Carolina, returned a verdict of $63.4 million for Michael Perry, a man with mesothelioma, against Johnson & Johnson and American International Industries. Perry's case was tried before Judge Jean Toal in the state's consolidated asbestos docket.

Perry was 53 when he was diagnosed with mesothelioma, a cancer of the lining of the lungs, in July 2023. He lived on Johns Island, South Carolina, and by trial he was struggling with shortness of breath, weakness and fatigue. His lawsuit alleged that nearly 50 years of using Johnson's Baby Powder, beginning when he was an infant, exposed him to asbestos in the talc. American International Industries was named as another defendant over talc products. Doctors had estimated that Perry might live six to eighteen months after the diagnosis, and the jury heard him describe how the illness had changed his daily life.

Trey Branham of Dean Omar Branham Shirley, working with a Columbia firm, tried the case for Perry and his wife. Johnson & Johnson denied that its talc contained asbestos and pointed to another source of exposure: Perry had worked with asbestos-containing brake pads in his father's garage. Perry testified for about 90 minutes, describing what it was like to hear the details of his prognosis laid out in court.

The trial ran from August 5 to August 15, 2024. Johnson & Johnson declined to put on a defense case and went straight to closing arguments, and the company said afterward that the court had made erroneous rulings that kept it from presenting its defense. Branham told reporters that the company never made a meaningful settlement offer.

The jury awarded $32.6 million in compensatory damages. It then added punitive damages of $30 million against Johnson & Johnson and $760,000 against American International Industries, for a total of $63.4 million. Perry's wife, Lonnie Long, was a co-plaintiff in the suit.

Johnson & Johnson said it would appeal immediately. It asked Judge Toal to set the verdict aside or order a new trial, and Branham said no money would be paid until the appeals were finished, a process expected to take years.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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