When 22 ladies banded collectively to file a talcum powder lawsuit in opposition to producer Johnson & Johnson, it was unclear how juries would see the proof. The ladies alleged that after utilizing Johnson’s Child Powder for years, they developed ovarian most cancers. They blamed the corporate for failing to alert them to the hazard, claiming it was conscious its uncooked talc might be contaminated with cancer-causing asbestos.
In July 2018, a St. Louis jury awarded the plaintiffs $500 million in compensatory damages and over $4.1 billion in punitive damages. J&J appealed, requesting the Missouri appeals court docket throw out the decision, however the appeals court docket rejected that request. It did, nevertheless, scale back the quantity of the decision to $2.1 billion—$500 million in precise damages and $1.62 billion in punitive damages.
J&J appealed once more to the Missouri Supreme Court docket. On November 3, 2020, the court docket rejected the attraction, refusing to overturn the $2.1 billion verdict. J&J acknowledged it plans to appeal to the U.S. Supreme Court docket.
J&J Loses Repeated Makes an attempt to Overturn Missouri Verdict
The 22 ladies had been the primary to go to trial in opposition to J&J claiming that the corporate’s talc-based merchandise led to their ovarian most cancers diagnoses. Paperwork within the case and reported by Reuters confirmed that the corporate was conscious its uncooked talc had typically examined constructive for asbestos, but it failed to offer satisfactory warnings to shoppers.
In keeping with Reuters, deposition and trial testimony, in addition to firm memos, inside stories, and different confidential paperwork, present that from not less than 1971 to the early 2000s, J&J’s uncooked talc and completed powders typically examined constructive for small quantities of asbestos, whereas firm executives expressed concern over the problem and tackle it. None of this was revealed to regulators or the general public.
The 22 ladies used this proof of their case, which seemingly led the jury to resolve of their favor. J&J was assured the choice could be overturned upon attraction, however to date that hasn’t been the case. After the Missouri Appeals Court docket rejected the corporate’s attraction, it stated the verdict was “basically flawed” and “floor in defective presentation of the info.”
Nonetheless, J&J acknowledged it can put aside a $2.1 billion reserve for the decision.
J&J Insists Child Powder is Secure Whereas Dealing with Over 21,000 Lawsuits
J&J at present faces over 21,000 lawsuits filed by plaintiffs claiming that the talc merchandise precipitated most cancers due to contamination from asbestos. Asbestos generally happens naturally underground close to talc and might contaminate uncooked components if not correctly dealt with.
“Demand for talc-based Johnson’s Child Powder in North America has been declining due largely to modifications in shopper habits and fueled by misinformation across the security of the product and a continuing barrage of litigation promoting.”