$117 Million Lanzo Verdict, the First Jury Win Tying J&J Talc to Mesothelioma, Later Reversed on Appeal
After trial: The New Jersey Appellate Division reversed the verdict in April 2021 over expert admissibility. Johnson & Johnson's talc bankruptcy filings then froze the docket, and no retrial or final resolution has been publicly reported.
Won by Levy Konigsberg LLP.
Moshe Maimon of Levy Konigsberg led the trial team that won a $117 million verdict for Stephen Lanzo III, the first jury finding that Johnson & Johnson talc caused a plaintiff's mesothelioma. The New Jersey Appellate Division reversed the judgment in April 2021 over inadmissible expert testimony, and no retrial or final resolution has been publicly reported since, with J&J's talc bankruptcy filings stalling the litigation for years.
What happened
Stephen Lanzo III grew up in New Jersey using Johnson's Baby Powder and Shower to Shower, and he kept using the products for roughly three decades. In 2016 he was diagnosed with mesothelioma, a cancer caused by asbestos exposure. He and his wife Kendra sued Johnson & Johnson Consumer Inc. and its longtime talc supplier, Imerys Talc America, in Middlesex County, the same county where J&J is headquartered. The claim was that the talc itself carried asbestos, and that the companies had known it for years.
The trial ran for more than two months in early 2018. Moshe Maimon of Levy Konigsberg tried the case and delivered the closing argument, telling jurors the companies' conduct warranted a clear answer. On April 11, 2018, the jury awarded $37 million in compensatory damages: $30 million to Mr. Lanzo and $7 million to his wife for loss of consortium, with fault split 70 percent to J&J and 30 percent to Imerys. The next day it added $80 million in punitive damages, $55 million against J&J and $25 million against Imerys, bringing the total to $117 million. It was the first time any jury had held Johnson & Johnson liable for a mesothelioma case linked to its talc products. J&J, which maintained its talc was asbestos free, said it would appeal.
The verdict did not survive that appeal, and the reversal is central to this case's history. On April 28, 2021, the New Jersey Appellate Division reversed the judgment in a published opinion (Docket No. A-5711-17). The panel held that the trial court had failed its gatekeeping role by admitting testimony from two of the plaintiffs' experts, Dr. Jacqueline Moline and Dr. James Webber, that non-asbestiform mineral fragments can cause mesothelioma. The court found that theory was not generally accepted in the scientific community and was not supported by publications experts in the field reasonably rely on. The panel also held that an adverse inference instruction over Imerys's discovery violations, while proper as to Imerys, had prejudiced J&J. It ordered new, separate trials against each defendant.
A retrial never came together in any publicly reported form. Imerys Talc America had already filed for Chapter 11 in 2019. In October 2021, months after the reversal, J&J placed its talc liabilities into a new subsidiary, LTL Management, which filed its own Chapter 11 petition and froze talc litigation nationwide. The Third Circuit dismissed that bankruptcy in January 2023, a second filing was dismissed later that year, and a third attempt through the Red River Talc entity was dismissed in 2025. Through all of it, no retrial verdict, settlement, or final judgment in the Lanzo case has been publicly reported.
The case still stands as the first plaintiff verdict connecting J&J talc to mesothelioma, a category of claims that grew into the thousands afterward. The 2021 reversal opinion remains published at 467 N.J. Super. 476.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.ABA Journal (April 2018): confirms $117 million total, $37 million compensatory ($30M/$7M split), $80 million punitive, 70/30 fault apportionment, and first J&J mesothelioma liability verdict
- 2.New Jersey Courts, official published opinion listing, Lanzo v. Cyprus Amax Minerals Co., A-5711-17 (App. Div. Apr. 28, 2021): reversed and remanded for new, separate trials against JJCI and Imerys
- 3.Justia: full text of the April 28, 2021 Appellate Division opinion (467 N.J. Super. 476)
- 4.Duane Morris client alert (April 2021): details the inadmissibility of Moline and Webber testimony on non-asbestiform fragments and the trial court's gatekeeping failure
- 5.AboutLawsuits.com (April 2021): independent report on the reversal and Imerys's intervening bankruptcy
- 6.Levy Konigsberg LLP (firm)
More proven verdicts from Levy Konigsberg LLP
All Levy Konigsberg LLP proven verdicts →A Manhattan jury found in May 2019 that asbestos in Johnson's Baby Powder and Shower to Shower caused Donna Olson's pleural mesothelioma, awarding $25 million in compensatory damages and $300 million in punitive damages, the largest talc verdict in New York history. Jerome H. Block of Levy Konigsberg tried the case. The trial court cut the award to $120 million in November 2020, and on July 19, 2022 the Appellate Division, First Department reversed outright and directed judgment for Johnson & Johnson, holding that the plaintiffs' medical expert never gave a scientific expression of the minimum lifetime exposure needed to cause the disease.
A Boston jury awarded $43.1 million on October 12, 2018 to the widow and son of Louis Summerlin, a former brake mechanic and lifelong menthol smoker who died of lung cancer in 2015 at 73, finding R.J. Reynolds' Salem and Kool cigarettes defectively designed and the company guilty of fraud, while clearing Philip Morris and an auto parts distributor. Jerome Block of Levy Konigsberg tried the case with Michael Shepard of Shepard Law. It was the first trial in the country to take a lung cancer claim to verdict against both tobacco and asbestos defendants, and the largest verdict in New England that year.
In the first consolidated multi-plaintiff talc trial, a Middlesex County jury awarded $37.3 million on September 11, 2019 to four people who developed mesothelioma after their parents powdered them with Johnson's Baby Powder as children, and a second jury added $750 million in punitive damages in February 2020, which Judge Ana Viscomi cut to $186.5 million under New Jersey's five-times cap. Moshe Maimon of Levy Konigsberg tried the case with Chris Placitella and Chris Panatier. On October 3, 2023 the Appellate Division reversed every judgment and ordered new trials, holding that the trial court had admitted three plaintiffs' experts without the gatekeeping New Jersey law requires.
A Bergen County jury awarded $30,312,204 in February 2008 to the family of Mark Buttitta, who died of mesothelioma at 50 after breathing asbestos fibers his father carried home from GM parts warehouses and after his own college summers working there. Moshe Maimon of Levy Konigsberg tried the case, and the New Jersey Appellate Division affirmed the full award on April 5, 2010.
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