$8M Verdict: J&J Talc Mesothelioma Case in Massachusetts

A Suffolk County jury awarded $8 million to Janice Paluzzi in June 2025, finding that J&J’s talc-based products caused her mesothelioma. The verdict included $5 million for past pain and suffering and $3 million for future pain and suffering. The jury found J&J liable for negligence and design defect.

Paluzzi used Johnson & Johnson’s Baby Powder and Shower to Shower on herself and her seven children for more than 20 years while raising them in single-bathroom homes. Talc mined from deposits near asbestos veins can contain asbestos fibers, and multiple trials have presented evidence that J&J’s talc suppliers mined from contaminated deposits.

J&J argued that Paluzzi’s mesothelioma was more likely caused by asbestos exposure through three of her sons, who worked in building services and maintenance at Boston’s John Hancock Building. The jury rejected this defense and found J&J liable for negligence and design defect. However, the jury did not find J&J liable for inadequate warnings or breach of implied warranty.

Paluzzi was represented by Ben Braly, Anthony Bianco, and Aaron Chapman of Dean Omar Branham Shirley LLP, along with Brian Kenney of Early, Lucarelli, Sweeney & Meisienkothen (ELSM), and Amy Carter of the Carter Law Group. Her legal team had requested $25 million in damages at trial.

In India’s Criminal Procedure Code (CrPC), the four types of trials are sessions trials (for offenses punishable by death, life imprisonment, or over 7 years), warrant trials (for offenses with imprisonment over 2 years), summons trials (for offenses punishable by up to 2 years), and summary trials (for minor cases disposed quickly under Sections 260-265 CrPC). Sessions trials occur in Sessions Courts after commitment from a magistrate, while warrant and summons trials begin via FIR or complaint to a magistrate. Summary trials simplify procedures for small cases to expedite resolution.

A trial in law is a formal judicial proceeding where parties to a dispute present evidence and arguments before a judge, jury, or other tribunal to resolve issues of fact or law. It can be a jury trial, where a panel of peers determines the outcome, or a bench trial (also called a court trial), where a judge alone decides both facts and law. In civil cases like asbestos litigation relevant to mesothelioma, trials examine claims such as liability for exposure, with the fact-finder issuing a verdict or judgment.

A judge has discretion in how to respond when a juror falls asleep during trial. Options include waking the juror and having testimony repeated, dismissing the juror and seating an alternate, or declaring a mistrial. Momentary dozing typically does not constitute juror misconduct, but sleeping through multiple days of testimony can affect a juror’s ability to serve fairly. If a defendant or trial lawyer believes a sleeping juror compromised the trial’s fairness, they can raise the issue by presenting evidence (often through testimony from other jurors) that the juror slept and missed critical information that likely affected the verdict. Courts are hesitant to overturn verdicts based solely on a juror falling asleep, particularly if both sides agreed to the jury selection during pretrial proceedings.

The 5 stages of a trial, as outlined in common civil and criminal processes, are pre-trial preparation, jury selection, opening statements, presentation of evidence, and closing arguments followed by verdict. Pre-trial preparation includes filing complaints, discovery, and motions, while jury selection (voir dire) ensures an impartial panel. Opening statements provide case overviews, evidence presentation involves witnesses and cross-examinations (plaintiff or prosecution first), and closing arguments precede jury instructions and deliberation. Variations exist, such as 8 stages in some U.S. District Court civil trials. These stages apply to mesothelioma litigation, where people with mesothelioma present evidence of asbestos exposure against manufacturers.