USA- According to Law.com, Johnson & Johnson is fighting against a $4.7 billion Missouri verdict. The award was issued after the jury found that the company failed to warn its consumers of the potential risk of ovarian cancer posed by its talc-based products. The company allegedly was aware of the risks for four decades and did not notify the public.
The award, which was filed on July 13, is the largest talc-based lawsuit verdict entered to date. According to the plaintiffs, the company was aware of the presence of asbestos in baby power and continued to market their talc-based products to women and mothers while misleading consumers about the safety of talc products.
Johnson & Johnson is trying to have the award thrown out for being excessive and unconstitutional. The company is alleging misconduct claiming that the plaintiff’s attorneys used prejudicial and inflammatory statements, including comments about stillborn babies, in their efforts to sway jurors. In one instance, the jurors were shown a picture of the company pushing a woman off a cliff. The defendants say this was done only to “inflame” the jurors.
Johnson & Johnson is looking to have a new trial on damages and stated that the award should be limited to $3 million per plaintiff.
Johnson & Johnson’s talc-based products have been the focus of lawsuits over a correlation between the use of baby powder and ovarian cancer, but also in lawsuits from plaintiffs who developed mesothelioma and claim that the disease is the result of exposure to asbestos fibers in talcum powder.
Asbestos is a known carcinogen that is sometimes found in the ground in deposits along with talc.
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