A Missouri appeals court recently reversed an $110 million jury verdict awarded during a Johnson and Johnson talcum powder lawsuit.

According to the three-judge panel on the Missouri Court of Appeals, the court which tried the case didn’t have the jurisdiction due to the fact that plaintiff Lois S. is not a Missouri resident and took issue with baby powder products made in Georgia and purchased in Virginia.

“On appeal, respondent concedes that should we find this case is properly before this court, the record establishes that, per BMS, the trial court lacked personal jurisdiction over appellants,” the appeals panel determined.

According to a Reuters report, Lois filed the talc powder lawsuit against Johnson and Johnson after reportedly developing ovarian cancer in August 2012. Lois argued that her cancer was a direct result of using Johnson and Johnson talcum powder products on her genital area for around 40 years. The daily use of the company’s baby powder and Shower to Shower products were implicated in her complaint.

The Johnson and Johnson talcum powder trial lasted 17 days in St. Louis court. After deliberating, the jury awarded Lois $110 million. The jury ruled in favor on all of her claims (conspiracy, breach of implied warranty, negligence) against both Johnson and Johnson and the company’s talc supplier, Imerys Talc America Inc. Unfortunately for Lois, this ruling did not stand the test of time.

Following the multi-million dollar jury award, both Johnson and Johnson and Imerys Talc filed motions objecting to the ruling, arguing that the court did not have jurisdiction. The motions referenced a 2017 U.S. Supreme Court ruling which found that plaintiffs who are not residents of a state are required to prove “an independent basis for specific personal jurisdiction over the defendant in the state.”

In November 2017, a state judge found that Lois met requirements established by the Supreme Court ruling because Johnson and Johnson reportedly used a company in Missouri to “manufacture, mislabel and package” the products. The Appellate panel recently reversed this decision when they revoked the jury award.

“We sympathize with anyone suffering from cancer, and we understand patients and their families are seeking answers,” Johnson and Johnson said in a statement to Law360. “The facts are clear — Johnson’s Baby Powder is safe, does not contain asbestos nor does it cause cancer, as reflected in more than 40 years of scientific evidence. There have also been many jury verdicts in favor of the company on these issues, including two in the last week.”

Other Johnson and Johnson Talcum Powder Verdicts

Although Johnson and Johnson secured a win in this situation, they haven’t been able to escape other trial verdicts regarding their talc powder products.

In September, the company was ordered to pay $37.3 million in a New Jersey talcum powder lawsuit. The four sets of plaintiffs in the case allegedly developed mesothelioma, a dangerous form of cancer associated with asbestos, after using Johnson and Johnson talc power products. Johnson and Johnson reportedly plans to appeal the decision.

The Johnson and Johnson Talcum Powder Lawsuit is Case No. ED106190 in the Missouri Court of Appeals for the Eastern District.