Court Upholds $55M Talcum Powder Lawsuit Judgment

The City of St. Louis Circuit Court determined that Johnson & Johnson's complaints concerning the $55 million judgment made in favor of a plaintiff who filed a baby powder cancer lawsuit against the company were unfounded and upheld the verdict.

Saturday, September 17, 2016 - A $55 million talcum powder ovarian cancer lawsuit judgment that was found in favor of the plaintiff in May was upheld by a St. Louis trial court earlier this month. The September 9 ruling threw out all of the post-trial motions filed by Johnson & Johnson, which was trying to lessen to massive award granted to the plaintiff. It was the second of two large sums awarded to plaintiffs in 2016 over talcum powder cancer lawsuits, the first in February totalling $72 million.

Following the court's ruling to uphold the verdict, Johnson & Johnson filed an appeal on September 16. The company will continue efforts to either strike down or at least lessen the amount it currently owes Gloria Ristesund, the plaintiff in the case. Ristesund alleged that Johnson & Johnson were aware of the carcinogenic properties associated with their talcum powder products and did nothing to warn consumers of the potential increased risk of ovarian cancer.

Ristesund and her Johnson & Johnson's baby powder attorneys pointed to more than 20 medical studies that had linked talcum powder and ovarian cancer, as well as internal Johnson & Johnson documents that proved correspondence within the company about the topic. These two evidentiary themes fueled the plaintiff's case and contributed heavily to the high dollar-amount of the eventual judgment.

The award that was held up by a trial court in the City of St. Louis Circuit Court was composed of $50 million in punitive damages and $5 million in compensatory funds. It was especially damaging for the health care giant as talcum powder lawyers for Johnson & Johnson were allowed to choose this particular case to bring to trial. The first case that elicited the $72 million award had been selected by baby powder attorneys representing the plaintiffs. Johnson & Johnson is also currently appealing that decision.

Both plaintiffs in the cases alleged that Johnson & Johnson's negligence played a role in their being diagnosed with ovarian cancer. The woman in the first suit, Jacqueline Fox, passed away just months before her trial began and had to record her testimony so it could be replayed in court. Ristesund was alive for her trial, but relayed the details of her battle with ovarian cancer in a convincing enough fashion to receive the large $55 million judgment from the jury. The support for both judgments had to be overwhelming as well, as neither could have passed without at least 9 of the 12 jury members supporting an eventual decision.

In addition to the two plaintiff awards that Johnson & Johnson is currently appealing, the company will also have to prepare for a new talcum powder cancer trial coming up at the end of the month. It will also take place at the City of St. Louis Circuit Court and likely come to an end sometime in the middle of October. There is a hearing session before the Judicial Panel on Multidistrict Litigation that will take place on September 29 that will decide whether a motion to transfer federal Johnson & Johnson's baby powder lawsuits into an MDL will be granted.

Information provided by TalcumPowderCancerLawsuit.com, a website devoted to providing news about talcum powder ovarian cancer lawsuits, as well as medical research and findings.