CVN screenshot of plaintiff legal professional Mark Lanier delivering his opening assertion in 2018
Jefferson Metropolis, MO – A Missouri appeals courtroom on Tuesday lowered a jury award of $4.7 billion to 22 girls who claimed Johnson & Johnson’s child powder brought on their ovarian most cancers to $2.1 billion, whereas nonetheless slamming the corporate for “vital reprehensibility” in its conduct.
The lowered award stays the biggest verdict by removed from lawsuits over asbestos allegedly current in common beauty talc merchandise like Child Powder and Bathe to Bathe. A St. Louis jury initially returned the large verdict in 2018 at a trial filmed and webcast exclusively by Courtroom View Network.
With the case again within the information, CVN is providing a free “Trial in 20 Minutes” video summary (click here to watch) showcasing some key highlights from the prolonged trial. Limitless, on-demand “gavel-to-gavel” video of the trial – together with dozens of other talc cases, is on the market with a subscription to CVN’s online video trial library.
The appeals courtroom discovered that not all plaintiffs have been Missouri residents, and thus have been ineligible to pursue damages within the state’s courts.
Nonetheless the courtroom upheld the underlying findings of the jury in agreeing that Johnson & Johnson knew its beauty talc merchandise posed a most cancers danger however withheld that data from the general public – allegations the corporate strenuously denies. Quite a few juries have additionally returned protection verdicts in favor of Johnson & Johnson in talc instances.
On the trial jurors heard testimony and noticed proof supposedly proving Johnson & Johnson’s inside testing confirmed its beauty talc merchandise contained asbestos – a discovering the appeals courtroom supported.
“An affordable inference from all this proof is that, motivated by earnings, Defendants disregarded the security of customers regardless of their information the talc of their Merchandise brought on ovarian most cancers,” the courtroom wrote.
A Johnson & Johnson spokesperson stated the corporate would attraction the ruling to the Missouri Supreme Courtroom and reiterated arguments made at trial that the corporate’s beauty talc merchandise by no means contained asbestos.
The corporate maintains any asbestos present in its talc merchandise is the results of defective testing strategies, together with FDA exams that led to a voluntary recall of a batch of child powder in late 2019.
Lead plaintiff legal professional Mark Lanier, of the Texas-based Lanier Legislation Agency, famous in an announcement that in Might Johnson & Johnson determined to cease promoting talcum-based child powder.
“Because the verdict, J&J has lastly stop promoting this asbestos-laced talc product within the U.S. and Canada,” Lanier stated. “We’re gratified that the courtroom discovered the proof introduced at trial totally supported every one of many jury’s findings, demonstrating the energy and credibility of the overwhelming scientific proof proving the presence of asbestos and its life-threatening risks.”
Johnson & Johnson nonetheless faces 1000’s of talc-related lawsuits all through america. Quite a few trial dates have been scheduled for earlier this 12 months however have been all vacated as a result of COVID-19 disaster with no new trial dates at the moment scheduled.
E-mail David Siegel at email@example.com