Construction Executive’s Mesothelioma Linked to Baby Powder Use

A Fairfield County jury ordered Johnson & Johnson entities to pay $15 million in damages to a Connecticut businessman diagnosed with mesothelioma, rejecting the companies’ attempts to avoid liability through corporate restructuring. Evan Plotkin and his wife Martha Barry-Plotkin prevailed on October 15, 2024, after proving asbestos from J&J Baby Powder caused his terminal illness. The Superior Court jury found five corporate entities, including Kenvue Inc. and Johnson & Johnson Holdco, responsible for failing to warn consumers about asbestos in their talc products. As Connecticut law requires, Judge Barbara N. Bellis will determine punitive damages in a separate proceeding.

5 Key Points

  • Five J&J entities were responsible for asbestos exposure through Vermont mining operations and consumer products.
  • Plotkin’s decades-long use of J&J Baby Powder led to his mesothelioma diagnosis.
  • Jurors established Kenvue and Holdco’s status as corporate successors to Johnson & Johnson.
  • The $15 million compensatory award stands without reduction.
  • Medical and scientific experts from five major institutions supported the plaintiff’s claims.

Defense Strategy Crumbles in Connecticut Court

Johnson & Johnson’s legal team mounted three distinct challenges during the October trial. Defense counsel Robert Simpson filed a motion for a directed verdict on October 8, followed by an emergency motion for mistrial two days later. Both attempts failed to sway Judge Bellis. The defense team’s pathology expert, Dr. Richard Attanoos of Cardiff’s Spire Hospital, challenged the connection between talc exposure and Plotkin’s illness, but jurors found the testimony unconvincing. J&J’s attorneys also argued unsuccessfully that Plotkin failed to mitigate his damages.

Scientific Evidence Links Mine to Medicine Cabinet

The plaintiff’s experts traced asbestos contamination from J&J’s Vermont mines to the final product. William Longo, examining samples under electron microscopes at Materials Analytical Services in Georgia, identified specific asbestos fibers in the talc. Berkeley geologist Mark Bailey mapped the mineral composition of J&J’s mining operations, while Tulane pathologist Dr. Arnold Brody detailed how these fibers trigger mesothelioma. Dr. Houston’s pulmonologist, Steven Haber, connected Plotkin’s specific exposure history to his medical condition. Northeastern University statistician Dr. David Madigan quantified the relationship between talc use and disease risk.

Corporate Shell Game Fails to Shield Assets

The verdict pierced through J&J’s complex corporate restructuring, which spawned five entities through three bankruptcy attempts. When Kenvue Inc. and Johnson & Johnson Holdco claimed immunity from talc liability last September, Judge Bellis rejected their motion to strike. The jury’s October verdict held all five companies – including LLT Management LLC, LTL Management LLC, and Pecos River Talc LLC – accountable as successors to the original Johnson & Johnson operations. This ruling prevents J&J from dodging responsibility through corporate restructuring.

Business Leader’s Legacy Extends Beyond Verdict

Plotkin founded NAI Plotkin Construction Management Services in 2007, building it into a regional powerhouse before his diagnosis. The Springfield Chamber of Commerce named him Citizen of the Year in 2022, recognizing decades of community leadership. His exposure to J&J Baby Powder spans from childhood in the 1950s through the early 2000s, covering the same period when J&J operated the Vermont mines that supplied their talc. The father of three continues leading his company while awaiting the judge’s ruling on punitive damages.

Verdict Shapes Future Talc Litigation

This Connecticut decision creates a roadmap for holding reorganized J&J entities liable in other jurisdictions. The jury’s finding on successor liability prevents similar corporate restructuring defenses nationwide. Plaintiffs’ attorneys Benjamin Braly and Ethan Horn of Dallas-based Dean Omar firm and local counsel Brian Kenney established a template for proving the science behind talc-based mesothelioma. The pending punitive damages phase could multiply the $15 million award, as Connecticut law places no cap on such penalties when awarded by a judge.