Michael Perry v. American International Industries

Michael Perry v. American International Industries is a lawsuit filed in 2023 in which a South Carolina jury awarded $63.4 million to Michael Perry, a man diagnosed with mesothelioma, a terminal cancer caused by asbestos exposure. The case centered on allegations that Johnson & Johnson’s talc-based products, including their iconic Baby Powder, contained asbestos, which ultimately led to Mr. Perry’s cancer. This lawsuit is part of a broader legal battle involving thousands of similar claims against Johnson & Johnson and other companies for their failure to ensure the safety of consumer products.

History

The case began in July 2023, when Michael Perry, a longtime user of Johnson & Johnson’s Baby Powder, was diagnosed with mesothelioma. Perry, used the powder daily due to an allergy to deodorants. His legal team argued that Johnson & Johnson had been aware of the asbestos contamination in its talc products since the 1970s but failed to warn consumers or remove the product from the market. It wasn’t until 2019 that Johnson & Johnson issued a recall after the FDA detected asbestos in a sample of the product.

In addition to Johnson & Johnson, the lawsuit also targeted American International Industries, another defendant in the case. Both companies were found negligent and liable for Perry’s illness, with the jury awarding $32.6 million in compensatory damages and $30.7 million in punitive damages. The jury’s decision was based on clear and convincing evidence that the companies’ actions were “willful, wanton or reckless,” disregarding the safety of consumers.

The trial, which took place in South Carolina’s 5th Judicial Circuit Court, was led by a team of attorneys from the law firm Dean Omar Branham Shirley, known for its success in asbestos-related cases.

On August 15, 2024, the jury award $63.4 to the plaintiff. This verdict represents one of the largest awards in such cases.