A California judge has overturned a landmark verdict against Johnson & Johnson that awarded a California woman $417 million in damages connected to her developing ovarian cancer allegedly from using the company talc powder, according to Reuters.
The August decision that levied the $417 million verdict was the largest one in the history of the litigation after California resident Eva Echeverria sued the retailer claiming the prolonged use of J&J's baby powder for feminine hygiene, which is talc-based, gave her ovarian cancer. She accused the company of ignoring studies that linked its baby powder and talc-based products to cancer, and also of failing to sufficiently warn customers of the cancer risks. Echeverria's suit was the first California talc case to go to trial, though there are hundreds more in process.
[Also: Judge reverses $417 million talc verdict against Johnson & Johnson]
Los Angeles Superior Court Judge Maren Nelson, reversed the verdict and granted J&J's appeal for a new trial, Reuters said, citing errors and inadequate evidence from both the defense and prosecution, as well as jury misconduct wherein three members of the jury that voted against finding the retailer liable were not included in the determination of damages.
This decision follows another one made last week in Missouri, where several other talc lawsuit cases are in process, in which an appellate court threw out a $72 million verdict against J&J for the family of a woman in Alabama who had since died. That case was overturned when the court ruled it should not have been tried in St. Louis.
Missouri litigation has yielded four verdicts against the company totaling $307 million. However, jurisdictional questions have arisen, as the plaintiffs in these cases are mostly from out-of-state, and the retailer arguing that because the alleged victims are not from Missouri, the cases should not be heard there. However, plaintiffs have argued that a plant that packages and distributes some of the products in question is located in the state, so the state's jurisdiction is valid.
Echeverria's lawyer has stated they plan to appeal the ruling. Johnson & Johnson said they are pleased with the decision, and continued to claim that their talc products don't cause cancer.
"The science is clear and we will continue to defend the safety of Johnson's Baby Powder as we prepare for additional trials in the U.S."
Twitter: @BethJSanborn
Email the writer: beth.sanborn@himssmedia.com