Montgomery-based Beasley Allen Law Firm reacted to news Tuesday that a Missouri appeals court has thrown out the $72 million award to a woman who claimed talcum powder made by Johnson & Johnson contributed to her ovarian cancer.
According to the Associated Press, the Missouri Eastern District court ruled that Missouri was not the proper jurisdiction for a lawsuit filed by 62-year-old Jacqueline Fox, of Birmingham, Alabama, who died in 2015 of ovarian cancer.
Ted Meadows with Beasley Allen reacted, stating:
"This ruling effectively overturns weeks of testimony, the facts and circumstances presented in open court, and the carefully considered opinion of the jury. While we must respect this most recent ruling, in our view the retroactive application of the U.S. Supreme Court’s opinion in BMS should have resulted in a return to the trial court for further consideration.
Today’s decision represents a denial of justice for the Fox family, and supports the defendant’s demonstrated pattern of corporate greed and influence-peddling. Multiple juries have now seen and agreed that behavior by Johnson & Johnson is reprehensible, and thousands of women continue to be denied the right to make an informed choice about the use of these products.
We will weigh additional options for appeal in this case, and will continue to fight for the rights of our clients in whatever venue and whatever jurisdiction may be required. The evidence and science remain on the side of the victims of ovarian cancer, and in time we will prevail."
The 2006 award was the first award in several cases that claimed talcum powder contributed to cancer. About 65 people joined Fox's lawsuit but only two were from Missouri.
In its ruling, the court cited a June decision from the U.S. Supreme Court that said there must be a connection between the plaintiff's claims and the state where a lawsuit is filed.
Copyright 2017 WSFA 12 News. The Associated Press contributed to this report. All rights reserved.