J&J Hopes To Continue Appellate Streak Following Whopping $4.69bn Talc Verdict
This article was originally published in The Rose Sheet
Executive Summary
Counsel for 22 women who blame J&J talcum powders for their ovarian cancer took a new approach in this latest case in St. Louis Circuit Court, arguing that asbestos in the firm’s talc is the culprit, rather than talc itself. J&J is confident in its ability to overturn the verdict, which it characterized as biased and unfounded.
Barring further appellate success, Johnson & Johnson must pay $4.69bn in damages to 22 women and their families for failing to warn about talc-related cancer risks, per a July 12 jury verdict in St. Louis.
The damages award is the largest yet in J&J’s ongoing legal battles regarding talc safety, with some 9,000 suits still pending, predominantly in Missouri, New Jersey and California courts.
The Johnson’s Baby Powder marketer intends to appeal the verdict, and it has good reason to be optimistic about that process, as opposed to what it characterized in a same-day statement as “a fundamentally unfair [trial] process that allowed plaintiffs to present a group of 22 women, most of whom had no connection to Missouri, in a single case all alleging that they developed ovarian cancer.”
Last October, appellate judges in Missouri and California reversed talc verdicts against the firm, the first pointing to a Supreme Court ruling against venue shopping and the second citing jury misconduct and lack of evidence to warrant a liability finding, let alone a hefty damages award. (Also see "J&J Wins Reversal Of $72M Talc Verdict, Signaling Whole New Ballgame" - HBW Insight, 18 Oct, 2017.)
J&J has maintained that scientific evidence does not support plaintiff allegations that prolonged exposure to talc through genital dusting with talcum powders causes ovarian cancer. (Also see "J&J Talc Suit Dismissals: Plaintiffs Lack Causation Thread For Proof Quilt" - HBW Insight, 8 Sep, 2016.)
In the latest case, plaintiffs took a new angle. They argued that asbestos in J&J’s talc is the cancer culprit, taking a page out of plaintiff attorneys’ playbook in mesothelioma suits that have been stacking up against J&J as well.
In May a Los Angeles jury reached a $25.7m verdict in favor of mesothelioma sufferer Joanne Anderson, agreeing that asbestos-tainted J&J talc products were to blame for her condition. Jurors in New Jersey came to a similar determination the month before, ordering damages to the tune of $117m. (Also see "J&J To Appeal $37M Mesothelioma Verdict, A First In Talc Trials" - HBW Insight, 6 Apr, 2018.)
J&J had better luck defending against mesothelioma litigation in 2017. (Also see "J&J’s Talc Winning Streak Continues With Calif. Mesothelioma Verdict" - HBW Insight, 24 Nov, 2017.)
The firm is confident in its ability to overturn the most recent talc-cancer finding.
“The result of the verdict, which awarded the exact same amounts to all plaintiffs irrespective of their individual facts, and differences in applicable law, reflects that the evidence in the case was simply overwhelmed by the prejudice of this type of proceeding,” J&J states in its release.
It adds, “Every verdict against Johnson & Johnson in this court that has gone through the appeals process has been reversed and the multiple errors present in this trial were worse than those in the prior trials which have been reversed."
For the time being, Mark Lanier, lead trial counsel for the 22 women in the St. Louis Circuit Court, is pleased with the outcome.
“For over 40 years, Johnson & Johnson has covered up the evidence of asbestos in their products,” he asserts in a statement posted to his law firm’s website.
“We hope this verdict will get the attention of the J&J board and that it will lead them to better inform the medical community and the public about the connection between asbestos, talc, and ovarian cancer. The company should pull talc from the market before causing further anguish, harm, and death from a terrible disease,” the attorney adds.