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J&J loses bid to have $4.7 bn talc verdict set aside, vows to appeal

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NEW YORK: Johnson & Johnson failed to persuade a Missouri trial judge to set aside a July verdict awarding a record $4.69 billion to 22 women who blamed their ovarian cancer on asbestos in the company’s Baby Powder and other talc products.


The healthcare company faces thousands of lawsuits over the safety of talc in its Baby Powder, a fixture of its consumer products division that has been core to J&J’s reputation as a family friendly company.


The trial was the first in which plaintiffs claimed that asbestos fibres in J&J’s talc caused ovarian cancer. It relied on unsealed internal company documents detailing J&J’s alleged knowledge of asbestos contamination since at least the 1970s.


The company, which says its Baby Powder does not contain asbestos and is safe, in a statement said the failed motion was merely a formal step required before appealing the verdict.


“The same judge has denied similar motions on prior verdicts in his court that were ultimately overturned by the appellate courts. We are confident this verdict will also be overturned on appeal,” J&J said.


Judge Rex Burlison in the ruling on Wednesday said the jury’s decision and the large award of punitive damages was justified based on J&J’s “particularly reprehensible conduct” as evidenced during trial. He denied the company’s request to overturn the verdict, saying the women had presented sufficient evidence to support the jury’s verdict.


A jury in July awarded $550 million in compensatory damages and $4.14 billion in punitive damages.


Reuters on Dec. 14 published a special report detailing the company documents that sent J&J shares tumbling. They have dropped more than 13 per cent since Friday, wiping out more than $45 billion in the company’s market value.


Shares on Wednesday were off about 2 per cent at $127.88.


Mark Lanier, the women’s lawyer during trial, in a statement said plaintiffs were pleased with Burlison’s decision. — Reuters


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