Damages in Missouri Talc Case Cut but Verdict Remains
On June 23, 2020, an appeals court in Missouri denied J&J’s request the verdict won by plaintiffs in 2018 be overturned. The initial case heard in the circuit court of St. Louis involved 22 women who were harmed by the use of Johnson & Johnson’s talc powder. The plaintiffs argued that the baby powder they used contained asbestos and caused them to develop ovarian cancer.
2018 Case and Verdict
The jury heard expert testimony for five weeks before reaching a conclusion. The plaintiffs said they used talc powders for decades, thinking they were safe. They said it wasn’t until years later that they found out not only was there asbestos in J&J’s product but that the company knew about it since the 1970s. Company documents were found that proved that the company knew about the presence of asbestos and hid it from its customers. This information showed J&J’s efforts to hide the presence of asbestos from the 1970s onward.
The 2018 verdict handed down $550 million in compensatory damages and $4.14 billion in punitive damages. J&J said the trial’s outcome was “fundamentally wrong” and reported they would file an appeal to dismiss it. In previous instances, verdicts were overturned on appeal in J&J’s favor.
In 2018, there were approximately 9,000 cases in progress against J&J. The company continues to deny that there was asbestos in its talc powder and that their product could not have caused cancer.
J&J Stops Selling Talc Products
In mid-May 2020, Johnson & Johnson made the announcement that they would stop selling talc products in the United States and Canada. They said this was due to changes in consumer habits and the COVID-19 pandemic. The company said they would continue to defend its products in the thousands of lawsuits that are still pending.
Ovarian Cancer Played Big Role in Lawsuits
The majority of the cases against J&J are based on the argument that talc powder was a cause of ovarian cancer. However, some cases link the use of talc powder to mesothelioma, a cancer caused by asbestos.
With no known exposure to asbestos, many women were diagnosed with this respiratory disease. The use of talcum powder has been cited as the cause. This occurs since the lightweight talc powder is inhaled, and the asbestos fibers make their way to the lungs.
Imerys Sells Off Assets to Pay Plaintiffs
The company that provided talc to J&J decided to sell off its assets in June 2020 to pay plaintiffs hurt by talcum powder. By doing this, Imerys is able to finance the settlement it made with 14,000 individuals who claim to be hurt by talc powder products.
Appelate Court Decision
The appellate court refused to dismiss the verdict handed down in the 2018 case. This decision joins the setbacks J&J has faced in the recent past. J&J said that it would appeal the appellate court’s decision with the Missouri Supreme Court. However, the court did reduce the amount of damages awarded to the plaintiffs from $4.69 billion to $2.12 billion.
Personal Injury Lawyer in Sacramento
I am Ed Smith, a personal injury lawyer in Sacramento. If you or a loved one were injured by asbestos-containing talc powder, it is vital that you seek legal insight. At our law firm, we believe that consumers have rights that need to be defended when they are exposed to dangerous substances. Call me at (916) 921-6400 or (800) 404-5400 for free and friendly advice. You can also reach out to me online by filling out our convenient contact form.
I’ve helped my neighbors in Northern Sacramento with all types of traumatic injuries, product liability, ovarian cancer and mesothelioma.
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