The Latest on Missouri appeals court ruling that vacated a $72 million award in an Alabama's woman's lawsuit that claimed talcum powder and other Johnson & Johnson products contributed to her cancer. (all times local):
A spokeswoman for Johnson & Johnson says the company is pleased with a Missouri appeals court ruling that threw out a $72 million award for an Alabama woman who claimed the company's talcum powder contributed to her ovarian cancer.
The appeals court ruled Tuesday that Missouri was not the proper jurisdiction for the lawsuit. The court cited a U.S. Supreme Court ruling this summer that found there must be a strong connection between the plaintiff and a state where a lawsuit is filed. Only two of the 65 plaintiffs in Fox's case live in Missouri.
Three other juries have ruled against Johnson & Johnson in similar lawsuits in Missouri.
Spokeswoman Carol Goodrich said in a statement Tuesday that the company has consistently argued that Missouri has no jurisdiction in cases involving non-residents and "we expect the existing verdicts that we are appealing to be reversed."
If you haven't heard the commercials on radio asking you if you've used talcum powder and got cancer you're amoung the lucky few. There has been a possible link to talcum powder and ovarian cancer. The problem is it showing up in people in women their late 50's to 70's. When most women start naturally showing signs of this kind of cancer. Also, the plaintiff went to an out of state court hoping for a better settlement.
The Missouri appeals court didn't want to rule on the science of the case. So, they ruled on the jurisdiction. Basically, they said take it back to your home state and retry the case there. This is a mixed bag. This individual will have to restart her case. But anyone woman with ovarian cancer in Missouri now has a solid base for a lawsuit. Don't worry. If you're tuning your internet steam to the state I'm sure the commercials are already running back-to-back.