Missouri’s highest court refused to consider Johnson and Johnson’s appeal of a $2.12 billion damages award to women who blamed their ovarian cancer on asbestos in its baby powder and other talc products.

Johnson & Johnson said it plans to appeal to the U.S. Supreme Court.

It said the verdict was the product of a “fundamentally flawed trial, grounded in a faulty presentation of the facts,” and was “at odds with decades of independent scientific evaluations confirming Johnson’s Baby Powder is safe, does not contain asbestos, and does not cause cancer.”

The New Brunswick, New Jersey-based company also said it will set aside a $2.1 billion reserve for the verdict, to be reflected in its year-end financial results. The company said in October that it faces more than 21,800 lawsuits claiming that its talc products cause cancer because of contamination from asbestos.

In its June decision, the Missouri Court of Appeals said it was reasonable to infer from the evidence that Johnson & Johnson “disregarded the safety of consumers” in its drive for profit, despite knowing its talc products caused ovarian cancer.

 

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