Dean Omar Branham Shirley trial team secures verdict on behalf of man diagnosed with mesothelioma

A South Carolina jury has sided with a cancer patient who sued pharmaceutical giant Johnson & Johnson (NYSE: JNJ) saying use of the company’s iconic Baby Powder caused his lung cancer.

Jurors awarded Michael Perry and his family $32.6 million in compensatory damages and another $30.7 million in punitive damages. Along with Johnson & Johnson, the jury also found co-defendant American International Industries negligent and liable in the case.

Mr. Perry was diagnosed with mesothelioma, a terminal cancer exclusively caused by exposure to asbestos, in July 2023. He used the company’s powder every day because he was allergic to deodorants.

Testimony in the trial showed that Johnson & Johnson knew as early as 1970 that its talc-based products contained asbestos, a known carcinogen, but kept the product on the market, recalling it only after FDA testing in 2019 found asbestos in a sample.

“Neither Michael nor any other consumer should be put in harm's way,” said Dean Omar Branham Shirley (DOBS) partner Ben Adams. “Johnson & Johnson continues to refuse to accept accountability for the lives they’ve taken. But today, the jury saw through their tactics and delivered a measure of justice. And for that, we are deeply grateful.”

Beyond finding the companies liable for Mr. Perry’s mesothelioma, the jury also found clear and convincing evidence that both the actions of J&J and American International actions were “willful, wanton or reckless.”

The trial team was led by Ben Adams along with Rachel Gross and Jonathan George. Attorney Theile McVey of Kassel McVey also represented Mr. Perry and his family.

Earlier this year, the Dean Omar Branham Shirley firm obtained a $260 million asbestos-related verdict in Oregon against Johnson & Johnson. This is the firm’s fourth jury verdict in favor of one of its clients in 2024.

The case is Michael Perry v. American International Industries, et al., case number 2023-CP-40-04072 in South Carolina’s 5th Judicial Circuit Court.

Dean Omar Branham Shirley, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of the irresponsible conduct of others. For more information, visit www.dobslegal.com.

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