Trial Judge Tosses Jury Verdict in Talcum Powder Mass-Tort Suit for Lack of Causation

RobertWrightFeatured Expert Contributor, Mass Torts—Asbestos

Robert H. Wright, a Partner with Horvitz & Levy LLP in Los Angeles, CA

In a case that has generated national publicity, Judge Maren E. Nelson of the Los Angeles County Superior Court granted Johnson & Johnson’s motion for judgment notwithstanding the verdict after a jury awarded plaintiff $417 million, including $347 million in punitive damages, in a case alleging injury from exposure to talc.  (See Johnson & Johnson Talcum Powder Cases, Los Angeles County Superior Court, Case No. BC628228, JCCP No. 4872, Oct. 20, 2017 Order.)

The trial court’s order is significant in several respects, but in particular because it rejects plaintiff’s attempt to establish causation based on epidemiologic studies that do not show a relative risk of at least 2.0 for the specific cancer alleged by plaintiff. Continue reading “Trial Judge Tosses Jury Verdict in Talcum Powder Mass-Tort Suit for Lack of Causation”