A Collaboration with the University of Pittsburgh
advertisement

Missouri appeals court vacates award in talcum powder suit

[JURIST] The Missouri Court of Appeals Eastern District [official website] on Tuesday vacated [opinion, PDF] a $72 million award to a woman who claimed that Johnson & Johnson (J&J) [corporate website] baby powder products containing talcum contributed to her ovarian cancer, finding that the court that awarded the amount had no jurisdiction.

The court cited a Supreme Court case [JURIST report] that "non-resident[s] must establish an independent basis for specific personal jurisdiction over the defendant in the state." J&J is headquartered in New Jersey. Plaintiff requested the case be remanded so more facts could be added to the record to support a finding of jurisdiction, but the court found no authority to do so at this stage. Jacqueline Fox, the consumer in the case, died in 2015.

J&J faces [BLOOMBERG report] over 5,500 claims talc claims throughout the US. In August a jury returned a verdict [JURIST report] in favor of a consumer who allegedly developed ovarian cancer after using J&J talc-based product, awarding $417 million in damages. J&J however, has stated that studies and federal agencies have not found their talc-based products to be carcinogenic.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.