Court overturns $223.8M verdict against Johnson & Johnson in talc cancer lawsuit.
OAN’s Elizabeth Volberding
5:56 PM – Tuesday, October 3, 2023
A state appeals court in New Jersey has overturned a $223.8 million ruling against Johnson & Johnson for its talc powder products. The court stated that the lower court judge made a mistake by allowing certain scientific testimony to be presented to the jurors.
A verdict against Johnson & Johnson has been thrown out by a New Jersey appeals court. The jury had awarded $223.8 million in compensation to four plaintiffs who claimed to have developed cancer from using the company’s talc powder products, which allegedly contained asbestos.
Upon review, the Superior Court of New Jersey, Appellate Division, found that the lower court judge had allowed the jury to consider scientific expert testimony that should not have been permitted.
A three-judge panel on the appeals court reversed the decision and ordered a new trial, stating that the trial court failed to properly assess the reliability of the plaintiffs’ expert testimony.
J&J Worldwide Vice President of Litigation, Erik Haas, also issued a statement saying that the decision “resoundingly rejects … the ‘junk science’ advanced by purported ‘experts’ paid by the mass tort asbestos bar.”
“This marks the third time in three years that an appellate court has overturned outsized verdicts that asbestos lawyers secured by confusing and misleading juries with unscientific opinions touting baseless liability theories,” Haas continued.
This ruling comes as Johnson & Johnson faces upcoming jury trials next year, where they are accused of knowing since the 1970s that their talc products contained asbestos but failed to inform consumers and regulators.
The company denies these allegations, asserting that their talc products are safe and asbestos-free.
Since the announcement of the ruling, J&J’s stock has dropped by 0.5%.
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What is the Johnson and Johnson lawsuit for ovarian cancer?
The talc lawsuits have a mixed record at trial, with J&J winning several verdicts but losing some others, including a $2.1 billion judgment awarded to 22 women who blamed their ovarian cancer on asbestos in the company’s talc products. S. The company is currently facing thousands of lawsuits from individuals who claim that the use of Johnson & Johnson talc products led to their development of cancer, specifically ovarian cancer and mesothelioma.
The decision by the New Jersey appeals court to overturn the $223.8 million ruling is a significant blow to the plaintiffs and a victory for Johnson & Johnson. The court determined that the lower court judge made an error in allowing certain scientific testimony to be presented to the jurors. This means that the scientific evidence used to support the plaintiffs’ claims was deemed unreliable and should not have been considered by the jury in their decision-making process.
In its statement, Johnson & Johnson hailed the decision as a rejection of what they called “junk science” presented by “experts” paid by the asbestos bar. The company claimed that the verdicts secured by asbestos lawyers in recent years were based on confusion and misleading information, with unscientific opinions promoting baseless liability theories.
This ruling is not the first time that appellate courts have overturned large verdicts against Johnson & Johnson. It reflects a growing trend in courts questioning the reliability of scientific evidence presented in talc-related cases. However, it does not mean that the company is entirely off the hook. There are still thousands of lawsuits pending against Johnson & Johnson, and upcoming jury trials will be closely watched to see how they impact the overall legal landscape surrounding talc and asbestos-related claims.
The controversy surrounding Johnson & Johnson’s talc products has been ongoing for several years. The accusation that the company knew about the presence of asbestos in their talc products since the 1970s but failed to inform consumers has sparked outrage among consumers and ignited a wave of litigation. While Johnson & Johnson has consistently denied these allegations and maintained the safety of their talc products, the numerous lawsuits and the recent decision by the New Jersey appeals court highlight the challenges the company faces in defending its position.
It is important to note that the overturning of the verdict does not absolve Johnson & Johnson of any wrongdoing. It simply indicates that there were errors in the legal proceedings of the previous trial, specifically regarding the admissibility of certain scientific testimony. The new trial ordered by the appeals court will provide an opportunity for both sides to present their arguments and evidence again, and a different outcome is still possible.
As Johnson & Johnson continues to navigate the legal battles surrounding its talc products, the outcome of these cases will have significant implications for both the company and consumers. The controversies surrounding talc and asbestos-related claims highlight the importance of rigorous scientific research, transparent communication, and robust regulatory oversight in ensuring the safety of consumer products.
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