The Missouri Supreme Court let stand a June 23 decision by a state
appeals court, which upheld a jury's July 2018 finding of liability
but reduced J&J's payout from $4.69 billion after dismissing claims
by some of the 22 plaintiffs.
Johnson & Johnson said it plans to appeal to the U.S. Supreme Court.
It said the verdict was the product of a "fundamentally flawed
trial, grounded in a faulty presentation of the facts," and was "at
odds with decades of independent scientific evaluations confirming
Johnson's Baby Powder is safe, does not contain asbestos and does
not cause cancer."
The New Brunswick, New Jersey-based company also said it will set
aside a $2.1 billion reserve for the verdict, to be reflected in its
year-end financial results.
Kevin Parker, a lawyer for the plaintiffs, said in a statement:
"Johnson & Johnson should accept the findings of the jury and the
appellate court and move forward with proper compensation to the
victims."
Johnson & Johnson said in May it would stop selling its Baby Powder
talc in the United States and Canada.
The company said last month it faces more than 21,800 lawsuits
claiming that its talc products cause cancer because of
contamination from asbestos, a known carcinogen.
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In its June decision, the Missouri Court of Appeals said it was reasonable to
infer from the evidence that Johnson & Johnson "disregarded the safety of
consumers" in its drive for profit, despite knowing its talc products caused
ovarian cancer. It also found "significant reprehensibility" in the company's
conduct.
Johnson & Johnson has faced intense scrutiny of its baby powder's safety
following a 2018 Reuters investigative report that found it knew for decades
that asbestos lurked in its talc.
Internal company records, trial testimony and other evidence show that from at
least 1971 to the early 2000s, J&J's raw talc and finished powders sometimes
tested positive for small amounts of asbestos. (https://www.reuters.com/investigates/
special-report/johnsonandjohnson-cancer/)
Johnson & Johnson shares closed down 19 cents at $138.50 on the New York Stock
Exchange.
(Reporting by Jonathan Stempel in New York; Additional reporting by Nate Raymond
in Boston; Editing by Leslie Adler, Matthew Lewis and Dan Grebler)
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