$2.1 Billion Talcum Powder Verdict Unchanged After Appeal to Missouri Court
The Supreme Court of Missouri decided not to hear an appeal by Johnson & Johnson over a June 23 $2.1 billion talcum powder verdict in a lower court. The case involved ovarian cancer, and its link to asbestos found in talcum powder made by J&J. Stockholders are concerned about the decision and its financial implications because of the number of pending cases against Johnson & Johnson.
Low Settlements
Johnson & Johnson has been offering settlements to plaintiffs well below possible awards. The ability of the $2.1 billion settlement to stand the test of an appeal puts law firms and plaintiffs on notice that they need not accept the settlement offer.
Verdict Stands
The initial verdict in the 2018 case was set at $4.6 billion. A Missouri appeals court upheld Liability in the case in July 2020. The appellate court said that J&J abandoned safety in its quest for profit. The court also said this was reprehensible in light of its knowledge that its talcum powder did cause cancer.
However, despite agreeing with the company’s liability, the appeals court lowered the original award of $4.6 billion to $2.1 billion. J&J then took the case to the Supreme Court, asking that the award be lowered again.
Why Did the Appellate Court Consider J&J Actions Reprehensible?
The appellate court considered the company’s lack of care toward its customers reprehensible. According to company documents, J&J knew about the link between asbestos in the talc powder and cancer in 1971. This hidden knowledge persisted into the 2000s despite positive tests for asbestos in the talc.
Johnson & Johnson Plans Another Appeal
The company insists that the original verdict in the 2018 case was flawed. They claimed the evidence was faulty and insisted that decades of scientific research proved otherwise. The company argued that the safety of consumers was paramount and its powder, which they say is asbestos-free, does not cause cancer.
Johnson & Johnson Pulls Its Baby Powder From the Shelves
In May, the company decided to pull its baby powder from retail sales in both the United States and Canada. They claimed this action was partly influenced by the ongoing pandemic and had nothing to do with safety issues.
High Number of Cases Still Pending
Johnson & Johnson still faces approximately 21,800 cases in the future. Each case charges that the plaintiff developed cancer, such as ovarian carcinoma and mesothelioma.
Appealing to the Supreme Court
Under the Judiciary Act of 1789 and others, it is possible to appeal to the Supreme Court of the United States when a state’s highest court issues a final judgment or order. This is usually reserved for federal issues. Although there are restrictions against a federal district court doing this, there are none regarding the U.S. Supreme Court reviewing such a case.
Prior Precedent
The Supreme Court ruled 2003 that a lower court’s decision in State Farm Mutual Automobile Insurance Co. v Campbell was flawed. SCOTUS said that the high award violated the defendant’s rights under the 14th Amendment. Justices Scalia and Thomas offered Dissenting views, who said there is no provision against a large or excessive award.
Talcum Powder Ovarian Cancer Lawyer
I am Ed Smith, a talcum powder ovarian cancer lawyer. A company that puts profits ahead of consumer safety is negligent and unethical. At my firm, we consider this type of behavior to be egregious. If this has happened to you or a family member, call me at (916) 921-6400 or (800) 404-5400 for free and friendly advice. You can also reach me online.
We often stand by our clients to help them receive the compensation they deserve.
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