J&J Slammed With $4.7 Billion Verdict Favoring 22 Women

J&J Slammed With $4.7 Billion Verdict Favoring 22 Women

Introduction

The bellwether trial against Johnson & Johnson over asbestos-in-talc causing ovarian cancer in 22 women concluded with the St. Louis jury awarding $4.7 billion as total damages to the plaintiffs and their families.

The six-week-long trial ended with the jury announcement on July 12 that J&J is liable to pay $4.14 billion in punitive damages and $550 million in compensatory damages. J&J maintains their baby powder used by several women for feminine hygiene does not contain asbestos in them. However, the lead counsel representing the plaintiffs told that the company covered up proof of asbestos presence in their products for more than 40 years. The plaintiffs' lawyer confirmed that fibers and talc particles were found in ovarian tissues of women who used J&J's talcum powder. According to the testimony given by medical experts during the trial, asbestos which is a known carcinogenic substance was intermingled with mineral talc, the primary ingredient in J&J Baby Powder and Shower to Shower Powder. The talcum manufacturer plans to appeal stating that the verdict was unfair since the case was filed by women who were mostly from outside Missouri state.

Several lawsuits are filed against the baby powder manufacturer and suppliers over asbestos-linked mesothelioma and ovarian cancer. A multidistrict litigation (MDL No. 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation) was formed in 2016 in the District of New Jersey, presided over by Hon. Freda L. Wolfson, U.S.D.J./ Hon. Lois H. Goodman, U.S.M.J. for coordinated pretrial proceedings.

J&J is constantly looking to defend itself from the rising lawsuits against the company that are drastically affecting the company's reputation. The company witnessed a 5% dip in its stock value in the market earlier in February 2018. The dip was a result of the court's documents that supported enough evidence that the company's talc powder contained asbestos and other cancer-causing heavy metals.

Earlier, a $55 million verdict was dismissed by a Missouri Court of Appeals against Johnson & Johnson over a lawsuit filed by a plaintiff, claiming her diagnosis of ovarian cancer was due to J&J's talcum powder used for feminine hygiene. The unanimous three-judge panel overturning the verdict did not rule on the merits of the allegations.

The judges reasoned that the verdict could not stand considering a 2017 U.S. Supreme Court decision that restricted where plaintiffs could file a lawsuit. The decision asserts State Courts cannot hear claims against the companies which are not based in the state or where the alleged injuries did not occur. J&J is a New Jersey-based company while the plaintiff used the products in South Dakota and Minnesota exclusively. During the appeals process, she requested a chance to provide additional evidence connecting J&J and Missouri, but the jury ruled out the request stating there was enough opportunity over the past two years to do so. Multidistrict litigation involving ovarian cancer claims (MDL No. 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation) was formed in 2016 in the District of New Jersey.

In a recent order, Superior Court State Judge Ana C. Viscomi denied the motion filed by Johnson & Johnson and Imerys Talc America to dismiss a $117 million verdict favoring a man who claimed that prolonged use of J&J's talcum powder caused his mesothelioma. Lawsuits are filed in the State Courts of New Jersey, California, and Delaware alleging the baby powder manufacturer and suppliers over asbestos-linked mesothelioma and ovarian cancer.