n Tuesday, an US appeals court in Missouri ordered Johnson & Johnson to pay $2.1 billion as actual and punitive damages to women who claimed the company's talc-based products caused their ovarian cancer.
On Tuesday, an US appeals court in Missouri ordered Johnson & Johnson to pay $2.1 billion as actual and punitive damages to women who claimed the company's talc-based products caused their ovarian cancer.
Johnson & Johnson appealed the verdict, requesting the court to throw out the decision in its entirety, but the court declined to do so and stated it found “significant reprehensibility†in the conduct of the company. In its verdict, the court cited internal memorandums as far back as the 1960s that indicate talcum products produced by the company contained known carcinogens such as asbestos.
“A reasonable inference from all this evidence is that, motivated by profits, defendants disregarded the safety of consumers despite their knowledge the talc in their products caused ovarian cancer,†the ruling said.
"The company showed clear and convincing evidence that defendants engaged in conduct that was outrageous because of evil motive or reckless indifference,†thecourt observed.
Kim Montagnino, a spokeswoman for the company, told the NY Times that Johnson & Johnson will fight tooth and nail and seek review of the case by the Supreme Court of Missouri. “We continue to believe this was a fundamentally flawed trial, grounded in a faulty presentation of the facts,†she said. She added, “We remain confident that our talc is safe, asbestos free and does not cause cancer.â€
Mark Lanier, the attorney who represents the plaintiffs, said the decision is "a clarion call for J&J to try and find a good way to resolve the cases for the people who have been hurt," It is to be noted that six plaintiffs in the case succumbed to cancer before the trial began, and another five passed away since the trial ended in 2018.
Johnson & Johnson has defended its talc-based products as safe even though the conglomerate has faced nearly 20,000 lawsuits so far, relating to those products.
Worthy of mention is the news that in October, Johnson & Johnson recalled 33,000 bottles of baby powder after the Food and Drug Administration found trace amounts of asbestos in a bottle.
Johnson & Johnson appealed the verdict, requesting the court to throw out the decision in its entirety, but the court declined to do so and stated it found “significant reprehensibility†in the conduct of the company. In its verdict, the court cited internal memorandums as far back as the 1960s that indicate talcum products produced by the company contained known carcinogens such as asbestos.
“A reasonable inference from all this evidence is that, motivated by profits, defendants disregarded the safety of consumers despite their knowledge the talc in their products caused ovarian cancer,†the ruling said.
"The company showed clear and convincing evidence that defendants engaged in conduct that was outrageous because of evil motive or reckless indifference,†thecourt observed.
Kim Montagnino, a spokeswoman for the company, told the NY Times that Johnson & Johnson will fight tooth and nail and seek review of the case by the Supreme Court of Missouri. “We continue to believe this was a fundamentally flawed trial, grounded in a faulty presentation of the facts,†she said. She added, “We remain confident that our talc is safe, asbestos free and does not cause cancer.â€
Mark Lanier, the attorney who represents the plaintiffs, said the decision is "a clarion call for J&J to try and find a good way to resolve the cases for the people who have been hurt," It is to be noted that six plaintiffs in the case succumbed to cancer before the trial began, and another five passed away since the trial ended in 2018.
Johnson & Johnson has defended its talc-based products as safe even though the conglomerate has faced nearly 20,000 lawsuits so far, relating to those products.
Worthy of mention is the news that in October, Johnson & Johnson recalled 33,000 bottles of baby powder after the Food and Drug Administration found trace amounts of asbestos in a bottle.