News >U.S. Supreme Court Rejects J&J Appeal of $2 Billion Talc Verdict
U.S. Supreme Court Rejects J&J Appeal of $2 Billion Talc Verdict
The U.S. Supreme Court rejected an appeal by Johnson & Johnson seeking to overturn a $2.12 billion verdict awarded to 22 women who claimed that they have developed ovarian cancer after decades of using Johnson's Baby Powder and Shower to Shower Powder on 1st June.
The women were awarded $4.7 billion in punitive damages after a St. Louis jury ruled in November 2016 that J&J had sold its talc-based powder products, including Baby Powder and Shower to Shower, with known ties to ovarian cancer. J&J denies the allegations, saying decades of research show talc to be safe.
Initially, the Missouri jury awarded $4.7 billion to the plaintiff and then they reduced the reward to $2 billion after dropping two women from the suit.
The 22 plaintiffs who sued the company for ovarian cancer claim that asbestos contamination was found in their ovarian tissues. Nine of the women have died from ovarian cancer after using talc powder.
A U.S. Senate investigation found that J&J's Baby Powder talc has been contaminated with asbestos. And the company disputes this point.
Further, the company said that the jury awarded each woman the same amount of punitive damages award of $25 million, regardless of the facts specified by each plaintiff or whether they were alive or dead.
Johnson & Johnson, which says the evidence was overwhelming that its products were not linked to cancer and they have long maintained that the safety of cosmetic talc is supported by decades of scientific evidence with the company saying that asbestos and talc do not intermix in the powder.
"The science is clear and we will continue to defend the safety of Johnson's Baby Powder," Johnson & Johnson said in a statement.
J&J and Imerys Talc USA, which is a unit of French company Imerys SA, argue that Missouri courts do not have subject-matter jurisdiction. They also contend that the plaintiffs waited too long to bring their cases and they were not directly injured by the talc.
Johnson & Johnson's appeal for a new trial was based on claims by the company and plaintiffs' lawyers that plaintiffs never explained how long they could have been exposed to asbestos in the talc.
Johnson & Johnson, based in New Jersey stopped selling talc-based Johnson's Baby Powder in the U.S. and Canada in May 2020, though it remains on the market out there elsewhere.
The court’s decision could potentially provide more weight to claims that there is a link between talc and cancer.
“This was a victory not just for the amazing women and their families who we were privileged to represent, but a victory for justice,” said Mark Lanier, a lawyer for the plaintiffs.
Contact an attorney for a Talcum powder lawsuit if you or your loved one have developed ovarian cancer or mesothelioma due to the use of the talcum powder.
Need Legal Assistance regarding the Talcum powder lawsuit? Call Lawyer4Help USA now at +1 (307) 828 1476
We will give you the right advice in regard to your legal issues. Feel free to contact us as an attorney and learn more about your rights