Johnson's baby talcum powder on a supermarket shelf. (Credit: Muhamad Norairin Ngateni/Shutterstock)
In a major blow for plaintiff lawyers suing over Johnson & Johnson's baby powder, a Missouri jury rendered a defense verdict on Monday.
After hearing 18 days of testimony, jurors deliberated for less than an hour before siding with Johnson & Johnson on claims brought by two women diagnosed with ovarian cancer, as well as a third woman whose mother died of ovarian cancer, according to a webcast of the trial by Courtroom View Network.
"After careful consideration of the science and facts presented at trial, another jury unanimously agreed that Johnson's Baby Powder is safe and does not cause cancer," wrote Johnson & Johnson spokeswoman Melissa Munoz. "And yet, despite the lack of any scientific evidence to support their claims, the plaintiff trial bar continues to push forward with its misinformation campaign to drive baseless and inflammatory headlines in the hopes they can force a resolution of these cases. The claims by these lawyers are unfounded, and it is clear the only interest they have is their own financial gain."
In closing arguments Monday, a lawyer for the three women, Allen Smith, of the Smith Law Firm in Ridgeland, Mississippi, asked jurors for $923 million, which included $230 million in punitive damages for each plaintiff.
"We respect the judgment of the jury but continue to believe that the evidence shows J&J's awareness of the dangers of talc for decades and a resulting series of corporate denials and cover-ups," wrote co-lead plaintiff counsel Ted Meadows, a principal at Beasley Allen in Montgomery, Alabama. "As a result, tens of thousands of women have endured a deadly diagnosis of ovarian cancer that could have been avoided with responsible disclosure by the company. We will continue to present this evidence in a number of upcoming trials, and remain confident in securing justice for the victims of these dangerous products."
The Missouri trial is the third case since the COVID-19 pandemic closed courthouses in which jurors have had to decide whether Johnson & Johnson's talcum powder products caused women to get ovarian cancer. The first trial, in the 20th Judicial Circuit Court in St. Clair County, Illinois, ended in a defense verdict on July 30. A second trial, in the Philadelphia Court of Common Pleas, ended in a defense verdict on Sept. 24.
In opening statements in Missouri, Smith said the "Johnson & Johnson board of directors is watching this jury." Johnson & Johnson attorney Allison Brown, of Skadden, Arps, Slate, Meagher & Flom in New York, poked holes in the stories of each plaintiff and challenged Smith's accusations against her client.
A fourth talc trial, in Augusta, Georgia, began on Sept. 13.
The women are among nearly 35,000 ovarian cancer victims who have sued Johnson & Johnson over its baby powder and a similar product, Shower to Shower.
Additional trials are scheduled during the next year in state courts in California, Florida, Georgia and New Jersey, and the first bellwether trial in the multidistrict litigation in New Jersey federal court is set for early 2022.
Juries have awarded billions of dollars. Among those was a $4.7 billion jury award in 2018, later reduced to $2.1 billion. Johnson & Johnson, which has defended the safety of its products, has also won verdicts, including in the most recent trial in late 2019, just before the COVID-19 pandemic delayed further trials.
The Missouri trial took place in the 22nd Judicial Circuit Court before Judge Rex Burlison, the same judge who oversaw many of the first ovarian cancer trials and the case that ended with the $4.7 billion verdict, which involved 22 women. The Missouri Supreme Court reversed many of those verdicts because the plaintiffs were not Missouri residents. In the case with the $4.7 billion verdict, both the Missouri Supreme Court and the U.S. Supreme Court refused to take up appeals by Johnson & Johnson.
Amanda Bronstad
Amanda Bronstad is the ALM staff reporter covering class actions and mass torts nationwide. She writes the email dispatch Law.com Class Actions: Critical Mass. She is based in Los Angeles.