A Philadelphia jury heard closing arguments Tuesday in the second talc mass tort trial against Johnson & Johnson, with attorneys for the estate of Gayle Emerson urging jurors to hold the company accountable and “send a message” with their verdict. Counsel emphasized Johnson & Johnson’s substantial financial resources when considering punitive damages.
Beasley Allen attorney Leigh O’Dell, representing Emerson’s estate, argued that Johnson & Johnson concealed for decades that its talc-based baby powder contained asbestos, a known carcinogen. “Johnson & Johnson hid the presence of asbestos from the FDA, regulators, and consumers like Ms. Emerson since the 1960s. The evidence is clear,” O’Dell said.
During her closing argument, O’Dell highlighted a slide showing the company’s net worth, reportedly $72.27 billion, urging the jury to factor that into any punitive damages award. “Whatever the amount, it should reflect the company’s net worth and send a clear message,” she said.
Defense attorneys maintained that Johnson & Johnson’s baby powder did not cause Emerson’s cancer. Shaila Diwan of Kirkland & Ellis acknowledged Emerson’s family’s loss but argued that other factors contributed to her ovarian cancer, including a history of using douches, obesity, age, and family medical history. “The evidence shows this was not caused by Johnson’s baby powder,” Diwan told the jury.
Gayle Emerson, a Philadelphia native and tax preparer, used Johnson & Johnson’s baby powder for decades and passed away in 2019. The first Philadelphia talc trial concluded in a defense victory in 2021. The gap between trials was influenced by legal proceedings related to the company’s talc unit spin-off and multiple unsuccessful bankruptcy attempts.
Johnson & Johnson has faced numerous talc-related lawsuits nationwide, resulting in several large verdicts. Notably, a Baltimore jury awarded $1.5 billion, while a recent bellwether trial in Los Angeles County Superior Court ended in a $40 million judgment, following a $966 million verdict earlier in the same court.
Emerson’s legal team includes Leigh P. O’Dell, David P. Dearing, Ted G. Meadows, and Ryan Beattie of Beasley Allen Law Firm, along with Richard M. Golomb and Kevin W. Fay of Golomb Legal. Johnson & Johnson is represented by Shaila Diwan of Kirkland & Ellis LLP, Michael A. Brown of Nelson Mullins Riley & Scarborough LLP, and Chanda Miller, Thomas E. Hanson Jr., and Rebecca Trela of Barnes & Thornburg LLP.
The case, Emerson v. Johnson & Johnson, is being heard in the Court of Common Pleas of Philadelphia County, Pennsylvania, under case number 190509334.
