Johnson & Johnson won an appeal in the case of «carcinogenic» baby powder

Johnson & Johnson won an appeal in the case of «carcinogenic» baby powder

Company Johnson & Johnson on Tuesday won an appeal on the decision of the court on imposition of a fine in the amount of 72 million dollars in favor of the family of the woman whose death from ovarian cancer was found to be associated with the use of the company’s products, namely baby powder (talc).

However, the abolition of the court’s decision was not caused by a lack of communication between cancer diagnosed in the plaintiff, and the application of the powder. The decision was cancelled for formal reasons. The court of appeals of Missouri, Eastern district concluded that, given the recent US Supreme court decision limiting the jurisdiction of claims for damages, the case against the death of resident of Alabama Jacqueline Fox were not subject to consideration in St. Louis.

Johnson & Johnson won an appeal in the case of «carcinogenic» baby powder

The decision in Bristol-Myers Squibb Co., which was discussed earlier, the Supreme court held that state courts cannot consider claims of non-residents if they had received no injury in this particular state and, if the defendant company was not based in this state.

In the case of the death of Jacqueline Fox, she was one of 65 plaintiffs claiming the company’s similar claims. However, only two of the list of the plaintiffs were residents of Missouri, therefore, the remaining claims should have been filed and considered not in Missouri, and the place of their residence.

The plaintiffs ‘ lawyers had no comment about the decision, as well as representatives of the company. Will the relatives of the Fox to seek revenge and further — is not clear.

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