A $55 Million Talcum Verdict Overturned

A $55 Million Talcum Verdict Overturned

Introduction

A Missouri Court of Appeals dismissed a $55 million verdict 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.