(Reuters) – Missouri’s highest court docket on Tuesday refused to contemplate Johnson & Johnson’s JNJ.N attraction of a $2.12 billion damages award to ladies who blamed their ovarian most cancers on asbestos in its child powder and different talc merchandise.
The Missouri Supreme Court docket let stand a June 23 determination by a state appeals court docket, which upheld a jury’s July 2018 discovering of legal responsibility however diminished J&J’s payout from $4.69 billion after dismissing claims by a number of the 22 plaintiffs.
Johnson & Johnson stated it plans to attraction to the U.S. Supreme Court docket.
It stated the decision was the product of a “essentially flawed trial, grounded in a defective presentation of the info,” and was “at odds with many years of unbiased scientific evaluations confirming Johnson’s Child Powder is secure, doesn’t include asbestos and doesn’t trigger most cancers.”
The New Brunswick, New Jersey-based firm additionally stated it should put aside a $2.1 billion reserve for the decision, to be mirrored in its year-end monetary outcomes.
Kevin Parker, a lawyer for the plaintiffs, stated in a press release: “Johnson & Johnson ought to settle for the findings of the jury and the appellate court docket and transfer ahead with correct compensation to the victims.”
Johnson & Johnson stated in Might it could cease promoting its Child Powder talc in the US and Canada.
The corporate stated final month it faces greater than 21,800 lawsuits claiming that its talc merchandise trigger most cancers due to contamination from asbestos, a recognized carcinogen.
In its June determination, the Missouri Court docket of Appeals stated it was cheap to deduce from the proof that Johnson & Johnson “disregarded the security of shoppers” in its drive for revenue, regardless of understanding its talc merchandise induced ovarian most cancers. It additionally discovered “important reprehensibility” within the firm’s conduct.
Johnson & Johnson has confronted intense scrutiny of its child powder’s security following a 2018 Reuters investigative report that discovered it knew for many years that asbestos lurked in its talc.
Inside firm information, trial testimony and different proof present that from at the least 1971 to the early 2000s, J&J’s uncooked talc and completed powders generally examined constructive for small quantities of asbestos. (here)
Johnson & Johnson shares closed down 19 cents at $138.50 on the New York Inventory Alternate.
Reporting by Jonathan Stempel in New York; Extra reporting by Nate Raymond in Boston; Enhancing by Leslie Adler, Matthew Lewis and Dan Grebler