NEW YORK (Reuters) - Johnson & Johnson has vowed to appeal a $4.7 billion verdict awarded to 22 women who claim asbestos-contaminated talc in the company’s products gave them ovarian cancer by arguing the plaintiffs’ science was flawed and the case should not have been heard in Missouri.
But several legal experts said that even though J&J has been successful in winning appeals of other talc cases in Missouri, it will face a challenging road in appealing the verdict handed down on Thursday in the Circuit Court of the City of St. Louis.
John Beisner, a lawyer for Johnson & Johnson, said, “One of the hardest things will be prioritizing what to appeal first.” He described to Reuters the company’s jurisdictional and scientific arguments for overturning Thursday’s verdict.
In a statement responding to the verdict, J&J reiterated its position that its products never contained asbestos and were not carcinogenic.
Thursday’s verdict is the largest to date arising from lawsuits alleging talc-based products like J&J’s baby powder have caused cancer. The jury reached its decision in less than a day, following five weeks of expert testimony from both sides.
The stakes are potentially high for J&J, which is facing 9,000 cases nationwide over talc. The company has had previous success in overturning large verdicts in talc cases as well as others alleging harm from its products.
But several legal experts said Missouri courts, including at the appellate and supreme court level, were historically plaintiff-friendly and could prove unreceptive to J&J’s arguments.
“J&J has strong arguments, but unless they get to certify this case to the U.S. Supreme Court, which are very long odds, this decision is
