The effects of
the Supreme Court decision in Brystol-Myers
Squibb that limited the jurisdictional reach of state courts from this
summer is already having dire consequences in the real world. An Alabama woman,
who died before her case was heard against Johnson & Johnson, had won a $72 million dollar verdict claiming that talcum powder caused her ovarian cancer. That verdict has now been set aside.
Her case was filed in Missouri state court. The plaintiff,
Jacqueline Fox, claimed Missouri courts had jurisdiction because the talcum
products were sold in Missouri, or because the claims were joined with those of
other plaintiffs injured in the state.
The court of
appeals disagreed, citing the Supreme Court precedent as well as a Missouri
Supreme Court case. The appeals court also said it was too late for plaintiffs’
lawyers to suggest a different basis for jurisdiction that was based on a
Missouri company that allegedly manufactured talc products.
The award to Fox’s family is among $300
million in verdicts obtained by plaintiffs suing in Missouri state courts
over cancer allegedly caused by talcum powder. All of these verdicts are now in jeopardy.
