Baby Powder Lawsuit Court Receives National Focus
The talcum powder lawsuit court where three trials were won by plaintiffs this year is garnering a lot of attention following the trio of resolutions.
Monday, December 26, 2016 - There is a lot of national attention currently on the City of St. Louis Circuit Court, where three major talcum powder ovarian cancer lawsuits have been heard this year. All three Johnson & Johnson's lawsuits have come down in favor of the plaintiffs, who have racked up nearly $200 million in damages from the healthcare company. Now there are critics calling the court a "hell hole," even though nothing nefarious during the trials was reported to have taken place.
A notable battle that was recently won by plaintiffs was the defeat of the an appeal by Johnson & Johnson of the second award given to a plaintiffs this year. 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.
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.
There are currently upwards of 2,000 talcum powder ovarian cancer claims currently pending against Johnson & Johnson, with a majority of these lawsuits based in St. Louis. Given the outcome of the last three baby powder lawsuits that have gone to trial, it would be an impossibly expensive endeavor for Johnson & Johnson to attempt to settle all the claims in court.
However, the company has yet to show signs of seeking alternative avenues to resolve the claims. Most recently, it filed a motion for a change of venue and claimed that the jury pool in St. Louis was too biased by local talcum powder lawsuit media coverage to deliver an impartial verdict.
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