Judge cites jury misconduct in tossing $417M award over claim baby powder caused cancer

[TexasTowelie]

LOS ANGELES -- A judge on Friday tossed out a $417 million jury award to a woman who claimed she developed ovarian cancer by using Johnson & Johnson talc-based baby powder for feminine hygiene.

Los Angeles County Superior Court Judge Maren Nelson granted the company's request for a new trial, saying there were errors and jury misconduct in the previous trial that ended with the award two months ago.

Nelson also ruled that there wasn't convincing evidence that Johnson & Johnson acted with malice and the award for damages was excessive.

Johnson & Johnson had argued the case should be thrown out because three jurors were excluded by other jurors in the decision-making discussions. The three said they were left out because they didn't agree that the powder caused the plaintiff's cancer, the company said.

Read more: http://www.masslive.com/news/index.ssf/2017/10/judge_cites_jury_misconduct_in.html

[still_one]

1. What do they mean "left out"? Does that mean left out of the jury discussion?

[TexasTowelie]

2. Typically when the questions are presented to a jury

there are initial questions as to whether each defendant in a lawsuit is either liable for the injury or demonstrated negligence, the percentage of fault of all of the parties, the dollar amounts for both past and future economic/noneconomic damages, was there a finding for exemplary damages and the amount of those damages if applicable. My interpretation is that the jurors that did not find guilt were left out of the discussions of the financial awards. Therefore, the amounts awarded were determined only by the sympathetic jurors without any input from the dissenters.

[still_one]

3. Thanks Texas. That makes sense