A Korean-American woman battling cancer has been awarded $260 million in a lawsuit against the pharmaceutical giant Johnson & Johnson (J&J).
The jury recognized the plaintiff’s claim that J&J’s baby powder caused her cancer, ruling in favor of the plaintiff and ordering the company to pay compensation.
According to the Multnomah County Circuit Court (Judge Katharine von Ter Stegge), the jury decided that J&J must pay a total of $260 million to Kyung Lee (50, Beaverton), who was diagnosed with mesothelioma, a type of rare cancer that forms in the lining of the lungs or other internal organs.
The jury’s verdict, reached after a month-long trial, included $200 million in punitive damages and $60 million in compensatory damages.
“For years, Kyung and her family used J&J’s baby power, not having any idea it could lead to a life-ending illness,” Lee’s attorney, Ben Adams of Dean Omar Branham Shirley, said in a statement. “Today, Ms. Lee was able to see justice and secure a future for her family after she is gone.”
The complaint stated that Lee was diagnosed with mesothelioma last year. The plaintiff argued that Lee, born in 1974, had used J&J products throughout her life, which continuously exposed her to asbestos and ultimately led to her incurable cancer diagnosis. It was further claimed that she had been inhaling asbestos from J&J’s baby powder since birth.
In response to the controversy over the content of the baby powder, J&J ceased its sale in North America in 2020.
The courtroom battle was intense. According to court records, J&J’s attorney, Will Stute, argued that Lee’s cancer was due to environmental exposure in Busan, Korea, where she grew up, noting the location is only three miles away from a textile factory. He added that there is a high possibility that the environment caused the cancer, rather than the baby powder.
In response, Adams presented wind direction data from the region, proving that Lee’s residence was not downwind from the factory.
Adams explained that the wind direction data shows that harmful substances from the textile factory did not reach where Lee lived. He added that even if there was exposure, it is impossible to prove.
This lawsuit marks the second verdict linking J&J’s baby powder to mesothelioma. Last year, the jury in Chicago awarded $45 million to Theresa Garcia in a similar case.
This verdict is significant as it comes amid a series of nationwide lawsuits against J&J over the carcinogenicity of their baby powder and cosmetics.
“Throughout this trial, J&J showed their true colors, attacking the plaintiff’s lawyers rather than acknowledging their conduct,” said partner Trey Branham. “We are so thankful that in this country there still is a mechanism to hold bad actors accountable.”
In response to the court’s decision, Erik Haas, worldwide vice president of litigation for J&J, released a statement saying, “We will immediately appeal and are confident that the verdict will be reversed.”
Hass added that “The research, clinical evidence, and over 40 years of studies by independent medical experts around the world continue to support the safety of talc.”
Meanwhile, Lee’s health has reportedly worsened. The law firm’s spokesperson, mentioned, “We will see if an interview with Lee is possible. She is undergoing treatment but is very ill.”
BY YEOL JANG, YOUNGNAM KIM [jang.yeol@koreadaily.com]
