J&J's $417M Talc Verdict Case Gets New Trial

J&J's $417M Talc Verdict Case Gets New Trial

Introduction

Johnson & Johnson (J&J) has been granted a new trial, after an initial $417 million verdict was tossed by Judge Maren E. Nelson and appealed by the estate of a woman who alleged that the company’s talcum baby powder caused ovarian cancer.

The victim developed cancer in 2007, and in July 2016, she along with six other women filed a lawsuit in Los Angeles County Superior Court, alleging talc-based product was responsible for their cancer. In August 2017, a California jury awarded $70 million in compensatory damages and $347 million in punitive damages in favor of the plaintiff; however, she died post the announcement of the verdict. The verdict was tossed by Judge Nelson, on October 20, 2017. The victim's daughter, acting as a trustee appealed the decision to dismiss the $417 million verdict against J&J.

On July 9, a new trial was granted to J&J by Los Angeles Superior Court Judge Nelson stating the damages were "plainly excessive," ruling punitive damages had not been warranted since no malice was demonstrated. The new trial is granted based on the conflicting evidence about the product’s cancer links.

Hon. Freda L. Wolfson, U.S.D.J./ Hon. Lois H. Goodman, U.S.M.J., are presiding over all J&J's talcum powder lawsuits consolidated under multidistrict litigation (MDL No. 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation) in the District of New Jersey.