Recent legal proceedings have shed light on a previously unknown aspect of Johnson & Johnson’s (J&J’s) history. Court documents show the pharmaceutical giant funded prison-based medical experiments in the 1970s. A Bloomberg report shared details of these tests. In one test, researchers paid male inmates to join a study that deliberately injected them with asbestos. Asbestos causes mesothelioma cancer.
The study aimed to compare the effects of asbestos versus talcum powder on the inmates’ skin. J&J talcum powder products periodically tested positive for asbestos from the 1970s to the 2000s.
Regardless of the study results, J&J’s sponsorship of it may cause additional legal woes for the company. J&J has been fighting litigation over asbestos in its talcum powder for nearly a decade. However, only one jury has seen evidence of this prison study.
In that court case, the jury had to decide whether a J&J product caused a woman to develop mesothelioma. Lawyers presented information about the prison study as part of the evidence against J&J. The study may have helped convince jury members that J&J knew its talc contained a cancer-causing material.
Ultimately, the jury awarded a sizable verdict to the woman who attributed her mesothelioma to J&J talc.
Do Prison Experiments Show J&J Had Long-Term Knowledge of Asbestos Dangers?
Publicly available evidence has not yet proven J&J understood the carcinogenic nature of asbestos before the 1970s. However, documents dating back more than 40 years show J&J knew their talc sometimes contained asbestos. Those documents also show the company actively covered up this knowledge.
Some may argue these documents demonstrate J&J knew their talc could harm consumers. But several juries have not been convinced of this.
Knowledge of J&J’s asbestos injection prison study may change that. According to one lawyer, these experiments show J&J worried about asbestos in its talc decades ago. If a jury agrees, J&J may have additional legal difficulties.
At least one jury has already demonstrated how this testing may affect lawsuits filed against the company. After seeing evidence of the prison study, a California jury ruled against J&J. That jury awarded $26 million to a teacher who fell ill after years of exposure to a J&J talcum powder product.
J&J no longer sells talc-based Johnson’s Baby Powder in the United States and Canada. But asbestos-related diseases can take years to develop. For instance, mesothelioma has a latency period of 10 to 50 years. This means asbestos-contaminated talc could still harm people for decades to come.
Future of J&J Talc Litigation Uncertain Despite Prison Experiment Evidence
Despite this recent jury ruling, the fate of nearly 40,000 pending J&J talcum powder lawsuits remains unclear. This uncertainty largely stems from recent legal maneuvers by J&J involving the following actions:
- Creation of a new subsidiary called LTL Management LLC (LTL)
- Assignment of J&J’s talc liabilities (lawsuits, verdicts and settlements) to LTL
- Declaration of Chapter 11 bankruptcy for LTL
Critics say this strategy aims to protect J&J’s assets from victims of its talcum powder. But a recent court ruling found the critics’ arguments unpersuasive. The court allowed J&J to move forward with this “Texas two-step” maneuver.
It is unclear how this will affect current and future victims of asbestos-related diseases caused by contaminated talc.
Asbestos-Laced Talc Victims Can Pursue Justice Through the Courts
Evidence suggests J&J may have profited while knowingly exposing consumers to a carcinogen for decades. Individuals harmed by asbestos in J&J products may be able to gain compensation for their injuries.
Any consumer harmed by asbestos in a J&J product should speak with an experienced asbestos lawyer. The lawyer can help determine the best way to pursue justice and financial compensation.
