A Missouri appeals court recently denied Johnson & Johnson’s bid to toss a talcum powder lawsuit verdict regarding baby powder cancer allegations but agreed to reduce damages to $2.12 billion.

Initially, 22 women and their families were awarded a massive jury verdict of $4.69 billion. After this decision, Johnson & Johnson quickly filed an appeal – sending the verdict to the state appellate court. Now, the Missouri Court of Appeals has lowered this award by over half – down to $2.12 billion.

The initial $4.7 billion jury verdict was awarded in Missouri in July 2018 following a six-week trial for the claims of 22 women – six of whom died from ovarian cancer. This award included $550 million in compensatory damages and $4.1 billion in punitive damages, according to the BBC. At the time of the verdict, Johnson & Johnson said it was “deeply disappointed” and planned to appeal.

Although Johnson & Johnson hoped to completely overturn the award, the appellate court did not completely agree. Johnson & Johnson had offered several arguments against the verdict, including the assertion that the jury failed to sufficiently consider the facts of the case. To support this argument, the company pointed to the fact that all 22 plaintiffs received the same $25 million award from the verdict.

However, the Missouri Court of Appeals rejected this argument. Instead, the court ruled that identical awards to the women and couples is not sufficient evidence to show that the verdict hinged on unfair treatment.

The company also claimed that the plaintiffs in the talcum powder lawsuit had fundamental flaws in their claims. However, according to the court of appeals, the plaintiffs in the case had sufficiently proven that Johnson & Johnson concealed the presence of asbestos in their talcum powder products and had “worked tirelessly” to develop testing protocols which would allow asbestos in talc samples to fly under the radar.

“Plaintiffs proved with convincing clarity that defendants engaged in outrageous conduct because of an evil motive or reckless indifference,” the Missouri Court of Appeals wrote in the decision. “There was significant reprehensibility in defendants’ conduct.”

However, the court did slash the record setting verdict to $2.12 billion – less than half of the original award.

Will Johnson & Johnson Continue to Appeal?

Although the award was reduced in appellate court, Johnson & Johnson is not through with its attempts to overturn the multi-billion-dollar award. The company reportedly plans to appeal this decision to the Missouri Supreme Court.

“We continue to believe this was a fundamentally flawed trial, grounded in a faulty presentation of the facts,” Johnson & Johnson spokeswoman Kim Montagnino said, according to Reuters. “We deeply sympathize with anyone suffering from cancer, which is why the facts are so important. We remain confident that our talc is safe, asbestos free, and does not cause cancer.”

File a Talcum Powder Lawsuit

Thousands of lawsuits have been filed against Johnson & Johnson regarding their Baby Powder and Shower to Shower products. Many of the involved plaintiffs say that they have developed serious health concerns including deadly cancers as a result of the products.

According to some plaintiffs, baby powder cancer is not actually caused by talc but is instead caused by asbestos contamination found in talcum powder. The American Cancer Society notes that, while evidence is conflicting on whether talc causes cancer, the carcinogenicity of asbestos is universally accepted.

If you used a baby powder product and later developed ovarian cancer or mesothelioma, you may be able to join thousands of plaintiffs by taking legal action. A talcum powder lawsuit could help recover significant compensation for medical bills, pain and suffering, loss of earning potential, and numerous other forms of damages.