Court: Connecticut Superior Court – Fairfield at Bridgeport County
In this asbestos action, Plaintiffs Evan Plotkin and Martha Barry-Plotkin filed suit claiming Mr. Plotkin had asbestos exposure from, among other things, personal use of Johnson & Johnson Baby Powder from the 1950s through the 2000s.
Plaintiffs alleged that Johnson & Johnson owned the Vermont talc mines that were the source of the asbestos exposure, which resulted in Mr. Plotkin to develop mesothelioma. The lawsuit eventually encompassed J&J and its entities that were created by J&J through its three attempts at bankruptcy: Kenvue Inc., Johnson & Johnson Holdco (NA) Inc., LLT Management LLC, LTL Management LLC and Pecos River Talc LLC (collectively, “J&J entities”).
This case ultimately proceeded to trial against the J&J entities on successor liability and product liability claims. At trial, plaintiffs relied upon expert testimony from Arnold Brody, Ph.D. (a pathologist and cell biologist expert), Steven Haber (pulmonologist expert); William Longo (an electron microscopist expert), Mark Bailey (a geologist expert) and David Madigan, Ph.D. (an expert in statistics). The J&J entities, meanwhile, relied upon expert testimony from Richard Attanoos, M.D. (an expert in pathology).
At the conclusion of trial, the jury found that Kenvue and Holdco are successors-in-interest to J&J and a former version of Johnson & Johnson Consumer Inc. The jury also found all J&J entities were strictly liable and negligent.
The jury specifically found that the J&J entities failed to warn and that their conduct caused Mr. Plotkin’s injury. On October 15, the jury awarded $15 million in damages to plaintiffs. The jury chose not to reduce the verdict based upon Mr. Plotkin’s failure to mitigate damages. The jury then found that punitive damages were warranted.
The punitive damages will be decided by the presiding judge in the future as per Connecticut state law.
Read the full decision here.