ST. LOUIS • Survivors of an ovarian cancer victim whose $72 million jury verdict against Johnson & Johnson was tossed out last month by a Missouri appeals court are seeking another review of the case or its transfer to the Missouri Supreme Court.
Jacqueline Fox, of Birmingham, Ala., was 62 when she died about four months before a St. Louis circuit court heard her claim that talcum powder in the New Jersey-based health care giant's products caused her ovarian cancer. A jury in February 2016 awarded her $10 million in actual damages and $62 million in punitive damages.
Last month, the appeals court here ruled that Fox’s lawsuit lacked jurisdiction in Missouri because of a U.S. Supreme Court decision in June that imposed limits on where injury lawsuits can be filed. The Bristol-Myers Squibb case said non-California residents could not file claims there against the New York-based maker of the blood thinner Plavix, ruling that establishing a lawsuit’s jurisdiction requires a stronger connection between the forum state and a plaintiff’s claims.
A motion by Fox's estate filed Tuesday with the Missouri Eastern District appeals court requested that the court re-hear her case or that it be transferred to the state's highest court. Fox's motion asks the appeals court to decide if its Oct. 17 ruling "permits reconsideration of the personal jurisdictional issue" in a lower court under new standards established by the U.S. Supreme Court's decision in June.