J&J's appeal to overrule the $417 million verdict, which was the highest talcum verdicts so far and the first on California's list of Talcum trials was granted by Judge Maren E. Nelson, on October 20, 2017, and a new trial was ordered. The company had claimed misconduct on behalf of the jurors during the two days of deliberation after which they ordered $347 million as punitive damages and $70 million as compensatory damages to the plaintiff. The company's attorney questioned the marked contrast between the size of the verdict and the evidence presented. The judge sustained J&J's motion for judgment notwithstanding the verdict stating that the evidence provided was not enough to prove that the injury was caused by J&J's Talcum Powder. Punitive damages amount was struck down stating that clear and convincing evidence of malice was lacking; compensatory damages were found to be excessive because of the jury's misconduct in considering matters that were not to be included. The company still has to face nearly 5,000 cases filed by women and their families affected by the talc.
