Johnson & Johnson deserves a new trial after a jury ordered the world’s largest maker of health-care products to pay $417 million to a woman who blamed the company’s iconic Baby Powder for causing her cancer, an appeals court concluded.
While there was sufficient evidence to uphold the jury’s finding that a J&J unit improperly failed to warn Eva Echeverria about the health risks of talc-based powder, conflicting evidence about the product’s cancer links warrants another trial, the Los Angeles-based court said Tuesday.
The ruling is good news for J&J, which suffered a string of recent defeats in lawsuits alleging the company knew its talc-based products could cause various types of cancers and put profits over people’s health.
Last month, a California jury ordered J&J and Colgate-Palmolive Co. to pay about $10 million to a dying woman who said asbestos in their talc products caused her cancer. In May, a New York jury ordered J&J to pay $325 million to another woman who blamed her asbestos-related cancer on baby powder use.
“We look forward to retrying the remaining piece of this case and again demonstrating to the jury that talc does not cause ovarian cancer,” Ernie Knewitz, a J&J spokesman, said Wednesday in an emailed statement.
He also noted that in June, a Missouri appeals court threw out -- on jurisdictional grounds -- a $70 million award to a California woman who had a St. Louis jury in 2016 weigh her claims that J&J’s Baby Powder caused her cancer. The state’s intermediate appellate court said Deborah Giannecchini shouldn’t have been allowed to try her case as an out-of-state plaintiff.
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