Johnson & Johnson Chief Executive Alex Gorsky told a jury Monday
that he did not read all the internal company documents related to
potential asbestos contamination in Johnson’s Baby Powder.
It was the CEO’s first appearance in a jury trial over allegations that the company’s Baby Powder causes cancer.
Asked by a plaintiffs’ lawyer whether he read all documents linked to
a Dec. 14, 2018, Reuters report, Gorsky replied, “I did not read all
the documents but I would rely on the experts in these fields.”
Gorsky was subpoenaed by plaintiffs’ lawyers as a witness in a trial
playing out in a courtroom near J&J headquarters. The plaintiffs,
three men and one woman, all have mesothelioma, a rare and incurable
cancer that they allege was caused by their exposure to asbestos in Baby
Powder in infancy during their diapering.
During an earlier liability phase of the trial, a jury agreed with
plaintiffs that the company’s powders had caused their cancers and
awarded $37.2 million in compensatory damages. Now plaintiffs’ lawyers
are seeking to persuade a new jury that the company’s behavior was so
reckless that it should award additional punitive damages.
J&J fought the subpoena, arguing that its chief executive had no
first-hand knowledge about the safety of its powders and that the case
involves corporate conduct that occurred long before he joined the
company in 2012. Compelling his testimony “would serve no purpose other
than to harass Mr. Gorsky and divert him from his executive
responsibilities,” J&J said in a motion.
The New Jersey Supreme Court turned down the company’s request to
suspend the subpoena last week, clearing the way for plaintiffs’ to call
Gorsky.
The stakes are high. J&J faces more than 16,000 lawsuits alleging
it sold powders contaminated with asbestos, a known carcinogen, and
failed to warn users. It also faces a federal criminal investigation
into how forthright it has been about the products’ safety.
In October, J&J disclosed that a contract lab for the U.S. Food
and Drug Administration had found asbestos in a bottle of Baby Powder
produced in 2018. The company questioned the finding and commissioned
tests on samples from the same bottle and talc from the same lot. Less
than two weeks later, J&J announced those tests had found no
contamination, other than some asbestos it attributed to an air
conditioner in the lab.
J&J’s share price has been sensitive to developments related to
the litigation. In December 2018, a selloff wiped out $40 billion in
market capitalization following a Reuters report that the company knew
small amounts of asbestos had been found in its talc on occasion since
1971. J&J dismissed the Reuters’ report as “an absurd conspiracy
theory.” To read the Reuters report, see:
Gorsky’s journey to the witness stand can be traced to the lead role
he played in company efforts to rebut the Reuters’ report. In the days
following publication, the chief executive personally attested to the
safety and purity of Johnson’s Baby Powder in a video posted on the
company’s website, as well as in an appearance on CNBC’s “Mad Money.”
“We unequivocally believe that our talc, our Baby Powder, does not
contain asbestos,” Gorsky told the investment show’s host Jim Cramer.
https://www.reuters.com/article/us-johnson-johnson-talc-ceo/jj-chief-testifies-he-did-not-read-all-documents-related-to-asbestos-in-talc-idUSKBN1ZQ1R4