I am glad to see a solid and justifying verdict!
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After all the rejections on President Trump’s tab, it is finally time to see some action on another field – the fight for what’s best for humanity and the future generations.
According to the latest report on the story, made by Reuters,
“The U.S. Supreme Court on Tuesday declined to hear Johnson & Johnson’s (JNJ.N) bid to overturn a $2.12 billion damages award to women who blamed their ovarian cancer on asbestos in the company’s baby powder and other talc products.
The Missouri Court of Appeals, an intermediate state appellate court, last year ruled against J&J’s bid to throw out the compensatory and punitive damages awarded to the plaintiffs but reduced the total to $2.12 billion from the $4.69 billion originally decided by a jury.
J&J said in a statement that there are unresolved legal issues that will continue to be litigated. It previously has said it faces more than 19,000 similar claims.
“The matters that were before the court are related to legal procedure, and not safety. Decades of independent scientific evaluations confirm Johnson’s Baby Powder is safe, does not contain asbestos, and does not cause cancer,” the company said.
J&J shares were down about 1.2% at $167.23.
J&J has argued that a decision by a Missouri circuit court judge to consolidate disparate baby powder-related claims from the plaintiffs – including 17 women from outside the state – for a trial before a single jury violated the New Brunswick, New Jersey-based company’s due process rights under the U.S. Constitution.
J&J also has argued that the size of the jury’s damages award violated its due process rights.”
The report goes on, stating that “One of the products that the out-of-state plaintiffs said they had used was manufactured in Missouri.
Lawyers for the plaintiffs also have argued that the large punitive damages awarded by the jury, in this case, were justified by J&J’s conduct. Lawyers for the plaintiffs said in court papers it is common practice for courts to consolidate cases at trial when the facts in each claim are essentially the same.
The Missouri Court of Appeals concluded that it was reasonable to infer from the evidence that JJ “disregarded the safety of consumers” in its drive for profit despite knowing its talc products caused ovarian cancer.
It also found “significant reprehensibility” in J&J’s conduct.
In addition to reducing the damages, the Missouri Court of Appeals dismissed two of the 17 out-of-state plaintiffs.
In court papers, J&J said the case followed a “winning formula” devised by plaintiffs’ lawyers of bringing claims in jurisdictions where they can get dozens of out-of-state plaintiffs to testify in a single trial, prejudicing the jury and resulting in “outsized” damages awards.
In the Missouri trial, the company said, the jury awarded each plaintiff an identical punitive damages award of $25 million, regardless of the facts specific to each plaintiff or whether they were alive or dead.
The company also said the jury awarded punitive damages much larger than the “already staggering” compensatory damages, which J&J has called a further violation of its due process rights.”
What’s even worse, another very thorough investigation has proved that J&J have already knew, years back, that the product’s ingredients were carcinogens, such as the case of asbestos found in their talk product.
For Christ’s sake, we’re talking about BABY products here!