Self-insured Johnson & Johnson faces $966 million verdict

Johnson & Johnson has been ordered to pay nearly $1 billion following a jury’s ruling that its talc-based baby powder contributed to the death of an elderly California woman. The award is one of the largest so far in the ongoing wave of lawsuits accusing the company’s talc products of causing cancer.

The verdict came late Monday in Los Angeles in the case of Mae Moore, an 88-year-old who passed away in 2021. Her family claimed that years of using Johnson & Johnson’s talcum powder exposed her to asbestos fibers, leading to a rare and fatal form of cancer called mesothelioma. The jury awarded $16 million in compensatory damages and a staggering $950 million in punitive damages, bringing the total to $966 million.

Legal experts point out the punitive damages could be reduced on appeal, as the U.S. Supreme Court generally limits punitive awards to no more than nine times the amount of compensatory damages. Still, the size of the verdict grabbed national attention.

Johnson & Johnson quickly said it plans to fight the decision. The company’s vice president of litigation called the verdict "egregious and unconstitutional," arguing the plaintiffs used "junk science" to make their case. Johnson & Johnson has long denied that its talc products contained asbestos or caused cancer. The company stopped selling talc-based baby powder in the U.S. in 2020, switching to a cornstarch version as the lawsuits piled up.

Moore’s attorneys expressed hope that this ruling will push the company to take responsibility for other similar deaths. Trey Branham, who led the family’s legal team, said the verdict is a step toward justice.

Johnson & Johnson is currently facing more than 67,000 lawsuits alleging its talc products caused cancer. While most lawsuits involve ovarian cancer, some, like Moore’s, relate to mesothelioma. The company has tried to handle its talc liabilities through bankruptcy filings multiple times, but federal courts have rejected these efforts. Some individual cases have settled, but no nationwide deal has been reached.

The ripple effects of this case are already being felt in the insurance world. Johnson & Johnson is involved in insurance disputes in New Jersey with several legacy insurers, including Travelers, Chubb, and Allstate, among others. The company stopped buying new product liability insurance in 2005 and now mostly self-insures these risks.

Insurance experts say a hit like this could seriously impact self-insurance arrangements, potentially pushing Johnson & Johnson to reconsider its approach. However, in California, punitive damages like the $950 million portion of this award cannot be insured under state law. Insurers will likely focus coverage disputes on the $16 million compensatory damages.

The size of this verdict is also influencing how insurance companies view potential losses. It highlights the trend of “social inflation,” where rising jury awards push casualty losses higher. Underwriters may become more cautious about coverage for products exposed to mass tort claims, tightening terms and raising premiums in future insurance renewals.

For insurance buyers, this case underscores the need to review coverage limits and understand how policies handle punitive damages across different states. Brokers are preparing clients to face more volatility in verdicts and are exploring ways to layer coverage and manage risks related to large awards.

While the legal battles continue, the Mae Moore case will likely serve as a benchmark for insurers and companies involved in similar litigation throughout 2025. It shows that even as courts debate the science and liability, the financial consequences of jury decisions carry real weight in insurance pricing and risk management.

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