J&J Wants Talc Verdict Discarded Due to Jury Misconduct

Sep 21, 2017

law.com

Johnson & Johnson has filed motions asking a Los Angeles trial court to discard a recent record-setting verdict in a talcum powder product liability case.

Earlier this week, J&J was ordered by a Los Angeles jury to pay $417 million to a 62-year-old woman who claimed the company's talc was to blame for her ovarian cancer. The verdict is the third-largest jury award in the U.S. so far in 2017.

As reported by Law.com, J&J’s motion for new trial cites “jury misconduct” and “irregularities in the proceedings” among the list of reasons for overturning the verdict. The verdict was handed up on a 9-3 vote and J&J’s motion includes statements from two of the three jurors who sided with the drug manufacturer, including the foreman. According to the declarations, the jurors siding with the plaintiff decided the three holdouts were not allowed to participate in the discussions over damages. J&J also claims the damages awarded were "excessive."

J&J's filing asks the court to enter a judgment in favor of J&J or convene a new trial. 

Read the Law.com coverage

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