Jacqueline Fox of Birmingham, Ala., died of ovarian cancer in 2015 after decades of using Johnson & Johnson’s talc-based powders. Months after Ms. Fox’s death, a Missouri state jury ordered New Brunswick, N.J.-based Johnson & Johnson to pay $72 million to the woman’s family in damages.
But the Missouri Eastern District appeals court tossed that award in October, reportedly due to jurisdiction-related issues. The appeals court, citing a June U.S. Supreme Court decision regarding the filing of injury lawsuits, said Ms. Fox’s case should not have been held in St. Louis as Ms. Fox resided in Alabama.
Now Ms. Fox’s family wants another review of the case or for it to move to the Missouri Supreme Court, according to the report. The request came via a motion filed this week by Ms. Fox’s estate with the Missouri Eastern District appeals court.
According to the St. Louis Post-Dispatch, the motion asks for a determination on whether its previous ruling “permits reconsideration of the personal jurisdictional issue” in a lower court, per the previous U.S. Supreme Court decision.
Editor’s note: Becker’s Hospital Review reached out to Johnson & Johnson and will post additional details as they become available.
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