Judge Upholds Baby Powder Cancer Verdict
For thousands of women across the country suffering from ovarian cancer caused by talcum powder use, a recent decision by Judge Rex M. Burlison of the 22nd Judicial Circuit Court in Missouri has them celebrating. Judge Burlison upheld a $110 million baby powder cancer verdict against talc manufacturer Johnson & Johnson (J&J). The verdict was in jeopardy after a Supreme Court ruling this past May, but baby powder cancer victims have come out victorious.
Bristol Myers Squibb Ruling
This past May, the Supreme Court set an important precedent in their ruling regarding the pharmaceutical company Bristol Myers Squibb. The ruling dictated stricter rules for determining jurisdiction in lawsuits. In the state of Missouri, people from out of state can piggyback on lawsuits filed by state residents. This allows lawsuits with many plaintiffs to move more quickly. However, the Supreme Court ruled in the Bristol Myers Squibb case that this would no longer be allowed.
This rule threatened the verdicts earned by several baby powder cancer victims, including a May verdict awarding $110 million to a Virginia woman. After reviewing post-trial evidence, Judge Burlison determined jurisdiction in Missouri was proper, even though the plaintiff was from Virginia. Judge Burlison pointed out that one of Johnson & Johnson’s distributors was based in Missouri, allowing the verdict to stand.
Johnson & Johnson might have thought the Supreme Court ruling would put a quick end to the thousands of baby powder lawsuits filed in Missouri, but that will not be the case. Cases currently pending against the company will continue to proceed as women fight for justice. The company has suffered several massive losses in trials, and without an easy way out, the company may decide to settle the remaining lawsuits rather than take each one to court. For women waiting for their day in court, Judge Burlison’s ruling will allow cases filed in Missouri to proceed.
Baby Powder Cancer Litigation
An ovarian cancer diagnosis can be devastating. If you or someone you love was diagnosed with ovarian cancer and regularly used baby powder, you may have legal options. The baby powder cancer litigation attorneys at Blizzard & Nabers can help answer your questions and pursue compensation on your behalf. Call us today to schedule a free consultation.