The Supreme Court Refuses to Hear Johnson & Johnson Talcum Powder Appeal:
What Does This Mean?
You may have heard about the lawsuits against talcum powder manufacturer Johnson & Johnson, but do you know why they’re facing more than 38,000 lawsuits? In 2018, investigations by the New York Times and Reuters revealed that the company has known about asbestos-contaminated talcum powder for decades. Asbestos is a known carcinogen. As a result, J&J is facing tens of thousands of lawsuits from women facing reproductive cancers after using J&J’s talcum powder products. Recently, the Supreme Court declined to hear J&J’s appeal on a 2018 Missouri verdict that has implications for mass tort cases across the country.
The Johnson & Johnson Trial
In 2018, Johnson & Johnson faced consolidated claims from 22 plaintiffs residing in 12 different states. While the suit went to trial in St. Louis City Circuit Court, 17 plaintiffs lived outside of Missouri, and the lawsuit featured state law from 12 different states. The jury awarded each plaintiff around $25 million in actual damages, with no variations in the judgments. The total came to $4.69 billion in damages against Johnson & Johnson.
The Appeals
On appeal to the Eastern District of Missouri Appeals Court, the court reversed the verdict in part, holding that the lower court didn’t have specific personal jurisdiction over two plaintiffs who lived outside of Missouri. However, the appeals court ruled that the lower court did have jurisdiction over the 15 out-of-state plaintiffs who used a product that J&J packaged in Missouri through a subcontract. But the court also stated that because the subcontractor and J&J were jointly and severally liable, the upper limit of damages increased, meaning they would pay the entire amount of the award to each plaintiff.Johnson & Johnson filed a writ of certiorari with the U.S. Supreme Court, which is a petition for the court to hear the appeal. J&J appealed based on three arguments:
- The single mass tort case with 22 plaintiffs violated J&J’s right to a fair trial.
- The Missouri court lacked personal jurisdiction over the 17 non-Missouri plaintiffs to the lawsuit.
- The punitive damages award violated due process because it significantly exceeded the compensatory damage award.
The Supreme Court denied J&J’s writ of certiorari, meaning it won’t hear the appeal. This decision means that the ruling of the Missouri appeals court stands, and J&J will need to pay the awarded damages to the plaintiffs. But this decision will also impact consolidated, mass tort claims across the U.S., making it easier for consolidated cases to go to trial.If you or someone you love is facing reproductive cancer after using talcum powder, give us a call. You may have rights to compensation. Call the Madeksho Law Firm at 1-888-910-6376 or fill out our online form. Your first consultation is free, and you won’t pay anything unless we recover compensation on your behalf.
