A judge has set aside a jury’s award of $950 million in punitive damages against Johnson & Johnson stemming from the mesothelioma death of a woman who contended that the company’s baby powder products caused her cancer.
Mae Moore died in 2021 at age 88. In October, a Los Angeles Superior Court jury awarded her $16 million in compensatory damages and another $950 in punitive damages. But on Friday, Judge Ruth Kwan tossed out the punitive damages award, finding that there was no evidence that J&J acted with malice, oppression or fraud.
The $16 million compensatory damages award will stand as will the jury’s finding that the product caused Moore’s illness. The suit was brought in February 2021.
In a sworn declaration, Moore’s youngest daughter, Joy Moore of Atlanta, said that prior to becoming ill her mother was an active senior who enjoyed walking, socializing with friends and gardening.
“She was very involved with her church and worshipped every Sunday for two hours,” the daughter said. “She even loved just sitting on the front porch, taking in nature and talking with our neighbors.”
But after her mother was diagnosed with mesothelioma in December 2020, the woman could no longer attend church or even walk down the driveway to get the mail, according to Joy Moore.
“My mom is a very spiritual woman and not being able to worship as she has her whole life has been difficult for her,” her daughter said shortly before her mother died.
Erik Haas, vice president of litigation at Johnson & Johnson, said previously that the original verdict was “egregious and unconstitutional.”
Johnson & Johnson has denied that its talcum-based baby powder contains asbestos or causes cancer. The company stopped selling it globally in 2023. Multiple lawsuits against J&J contend that asbestos in the talc has caused mesothelioma, ovarian and other cancers.