Talc Plaintiffs Want $2.1B Verdict Against J&J To Stand

Talc Plaintiffs Want $2.1B Verdict Against J&J To Stand

Introduction

22 women who sued Johnson & Johnson (J&J) over its baby powder product containing asbestos that resulted in ovarian cancer have requested the U.S. supreme court to let stand the $2.12 billion verdict against the company.

Plaintiffs filed a lawsuit against Johnson & Johnson's baby powder for causing ovarian cancer due to the presence of asbestos urged the U.S. Supreme Court to stay on the decision of a $2.12 billion verdict against the talc manufacturer. Furthermore, plaintiffs also requested the high court to reject J&J's arguments over the consolidation of cases in a Missouri state court that did not comply with the processing.

According to J&J the St. Louis City, Missouri Circuit Court's decision to consolidate cases brought by plaintiffs externally confused the jury. As per the J&J law team, the consolidated trial was flawed, involving numerous legal errors which led to faulty presentations of facts and incorrect verdict. Also, the verdict was at odds with independent scientific evaluations that confirmed J&J talc is safe and not contaminated with asbestos. 

J&J in its petition to the U.S. Supreme Court appealed to take the case after it was unsuccessful in November to overturn the verdict in the Missouri Supreme Court.

Earlier in a trial held in 2018, J&J was ordered by a Missouri jury to pay $4.69 billion. The decision came after the jury heard combined claims of 22 women who alleged that the company's talc powder caused their ovarian cancer. The verdict was later reduced to $2.1 billion by the Missouri Court of Appeals for the Eastern District and the court further dismissed two of the 22 plaintiffs.

An investigative report in 2018 suggests that J&J was aware of the asbestos presence in its talc for decades. Moreover, from 1971 to the early 2000s, J&J's raw talc and finished powders tested positive for small amounts of asbestos was proved by certain internal company records, trial testimony, and other evidence. In May 2020, J&J stated that it would stop the sale of Johnson's Baby Powder talc in the United States and Canada.

As mentioned in the annual SEC filing in February, J&J disclosed that it still faces around 25,000 talc lawsuits.