Plaintiffs lawyers have moved to strike the declarations of two jurors that Johnson & Johnson is relying on to challenge a record $417 million talcum powder verdict, then proceeded to submit the declarations of two other jurors who had different takes on what happened in the deliberation room.
In a Sept. 15 motion, Johnson & Johnson claimed that “jury misconduct” in the deliberations room and “irregularities in the proceedings” justified granting a new trial in a case brought by Eva Echeverria, who alleged her use of talcum powder caused her to be diagnosed with ovarian cancer in 2007 and that Johnson & Johnson failed to warn about known health risks. The motion included the declarations of two of the three jurors who sided with Johnson & Johnson on last month’s 9-3 verdict, including the foreman, both of whom described a tense deliberations process in which the three holdouts were cut out of the discussion on damages.
