J&J's $4.7B Talc Verdict Bid: Jurisdiction Questions Rose

J&J's $4.7B Talc Verdict Bid: Jurisdiction Questions Rose

Introduction

On Friday, Thomas Weaver, the attorney representing Johnson & Johnson (J&J) argued over a bid to reverse a jury’s $4.7 billion talcum powder verdict stating that the judge should not have combined all the 22 claims, particularly the 17 plaintiffs from Missouri, into a single trial.

The case involves a group of ovarian cancer victims and their family members, led by a plaintiff. The case ended with a $4.69 verdict in June 2018, after a six-week trial. Each woman or family was awarded $25 million in compensatory damages, along with $4.14 billion total in punitive damages, of which $3.15 billion was against J&J and $990 million against its subsidiary J&J Consumer Inc.

J&J also raised various other issues with plaintiffs’ experts, including William Longo, founder of Materials Analytical Services.

However, the panel of three judges seemed skeptical over challenging 22nd Circuit Judge Rex Burlison’s consolidation order or the reasoning behind the jury’s record award.

Previously, the Missouri Court of Appeals had reversed a $110 million award involving Bristol-Myers because the plaintiff was from Virginia and also reversed verdicts of $72 million, $70 million, and $55 million on similar grounds.

Due to the pandemic crisis, only two attorneys for either side were permitted in the courthouse, and the gallery was empty. The spectators were able to watch the arguments via a live video on the court’s Facebook page.