Kelley | Uustal's John Uustal delivers closing at trial against Johnson & Johnson over the mesothelioma death of a Florida physician who had used the company's talc-based cosmetic products. Watch the trial.
Fort Lauderdale, FL— Jurors Tuesday handed down a $20 million verdict against Johnson & Johnson after finding the company’s talc-based Baby Powder caused a Florida doctor’s death. Casaretto v. Johnson & Johnson, CACE18028502.
The jury, in Florida’s 17th Circuit, wrapped a roughly six-week trial by finding J&J liable on design and manufacturing defect claims related to the 2019 mesothelioma death of Dr. Alberto Casaretto, Sr., 79. Casaretto, a South Florida nephrologist for much of his life, had used Johnson & Johnson’s Baby Powder and Shower to Shower products for years. His family contends that asbestos in the talc J&J used in those products caused his mesothelioma, a fatal cancer that develops in the lining of the lungs.
Tuesday's verdict was at the high end of the $15-20 million range in damages that the Casaretto family's attorney, Kelley | Uustal's John Uustal, requested in closings.
The trial turned in large part on whether J&J’s talc contained asbestos. J&J, for its part, contends that its talc is safe and did not cause Casaretto’s mesothelioma. During his closing Monday, Nelson Mullins’ Scott Richman, representing the company, highlighted evidence he said showed the bottles of talc-based products Casaretto allegedly used, and which were tested for asbestos, may have been damaged, affecting any test results. By contrast, he said evidence showed J&J ensured its talc’s safety through a rigorous control process and multiple tests confirmed by independent agencies.
“When you look at the body of the evidence, when you look at all the testing, when you look at all the science, it makes very clear that [the products at issue] do not contain asbestos,” Richman said.
But in his closing, Uustal criticized the testing methods that concluded talc samples were asbestos-free. And he said J&J applied an improper definition of what would constitute asbestos presence. By contrast, he said, evidence showed that other, more sensitive testing methods revealed dangerous asbestos in J&J’s talc.
"There is no known safe level of asbestos,” Uustal said. "It’s an easy conclusion that, if there’s no known safe level, you have to use the most sensitive test, if you’re going to say there’s no asbestos in [the talc]."
In a statement after the verdict, Uustal hailed the jury’s decision. “It’s vindication for this amazing family. Baby powder with asbestos, even at low levels, should not be sold.”
The case is one of thousands across the country claiming that J&J’s talc products caused disease, including mesothelioma and ovarian cancer. The company pulled its talc-based products from the U.S. and Canadian markets in 2020. It completed the worldwide removal of talcum powder from its products in 2023.
In a statement after the verdict, Levin Papantonio’s Christopher Tisi, who represents Casaretto’s family, told CVN he believed J&J’s approach in the courtroom may have worked against the company in the minds of jurors. “J&Js tortured effort to dismiss their own documents and tests that clearly showed that talc had asbestos was compelling,” Tisi said. “That, and their effort to paint the widow of Dr. Casaretto as having tampered with evidence clearly backfired.”
In a statement issued after the verdict, J&J promised to appeal the decision and criticized studies linking talc to asbestos.
"This decision is predicated on junk science that is refuted by decades of studies that demonstrate Johnson’s Baby Powder is safe, does not contain asbestos and does not cause cancer," J&J said in its statement. "The plaintiff lawyers’ business model is to roll the dice in search of jackpot verdicts, fueled by litigation-funded junk science, without regard to the fact that most claimants recover nothing in the tort system."
Email Arlin Crisco at acrisco@cvn.com.
Related information
Learn how you can access an unrivaled trial video library, featuring the country’s top attorneys.