May 22, 2019
On May 21, 2019, Weil, along with co-counsel from Nelson Mullins Riley & Scarborough LLP, secured another complete defense jury verdict for Johnson & Johnson in the mass tort talc litigation following one week of trial in South Carolina state court. The jury returned a unanimous, 12-0 verdict in favor of J&J on every question after deliberating for approximately three hours. Weil, and partner Allison Brown in particular, has now obtained three consecutive defense jury verdicts in the three trials it has defended on behalf of J&J in the talc mass tort.
The plaintiff in this case, represented by Motley Rice LLC, alleged that exposure to asbestos in J&J’s baby powder caused her to develop an extremely rare form of cancer. This lawsuit is one of many cases currently pending in courts around the United States, in which plaintiffs allege that the use of talcum powder caused lung cancer or ovarian cancer.
In this case, Weil focused on a number of themes during trial, including J&J’s commitment to product safety, which mandated extensive testing, including under U.S. Food and Drug Administration oversight, to ensure that its baby powder was safe and did not contain asbestos. The Weil team also rigorously and effectively cross-examined the plaintiff’s experts, who have repeatedly testified for plaintiffs in talc litigation, including by focusing on flaws in their testing methods that undermine their conclusions.
This verdict follows two prior complete defense verdicts Weil obtained for J&J in October 2018 and March 2019 in previous talc trials in New Jersey state court. Please read this announcement and this announcement for more information on those victories.