Echeverria

Echeverria v. Johnson

Good Law
249 Cal. Rptr. 3d 642·37 Cal. App. 5th 292
Court of Appeal of CaliforniaJuly 9, 2019B286283California19,498 words

Opinion

Lead Opinion

Adams, J.

*296 INTRODUCTION

This case is one of several coordinated suits in which the plaintiffs allege talcum powder products manufactured by Johnson & Johnson and Johnson &

*297 Johnson Consumer Inc. (JJCI; collectively, defendants) caused them to develop ovarian cancer. In July and August 2017, bellwether plaintiff Eva Echeverria's case was tried to a jury on a single claim of negligent failure to warn. The jury returned a verdict in Echeverria's favor against both defendants, awarding compensatory damages of $68 million against Johnson & Johnson and $2 million against JJCI. The jury awarded punitive damages of $340 million against Johnson & Johnson and $7 million against JJCI. 1 Defendants filed motions for judgment notwithstanding the verdict (JNOV) as to liability and punitive damages, as well as a joint motion for a new trial. The trial court granted the motions. Both sides have appealed.

We affirm the JNOV in favor of Johnson & Johnson, but partially reverse as to *649 JJCI. To establish her negligence claim, Echeverria was required to prove each defendant had a legal duty to warn consumers about hazards inherent in their talc-based products; they breached that duty; and the…

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