Johnson & Johnson Plaintiff Expert Witness Testimony Refuted By LTL Management Attorneys
A prominent talcum powder expert witness for ovarian cancer victims may have overstated her case
Wednesday, December 21, 2022 - Johnson & Johnson's talcum powder cancer legal fate may have taken a positive twist the other day when the company's LTL Management subsidiary filed suit alleging that one of the plaintiffs' expert witnesses may have given false information to the court. According to FircePharma.com, "In the filing, dated Dec. 16, J&J's subsidiary accuses Dr. Jacqueline Moline of "knowing and repeated disparagement" of J&J's baby powder and shower gel. The company's attorneys cited a 2019 article published by Dr. Moline in which she claimed that 33 individuals who used talc powder and later developed the asbestos-related cancer mesothelioma had no other potential exposure to asbestos." It was later discovered that one of the plaintiffs had filed a worker's compensation claim seeking money to pay for her asbestos-related mesothelioma allegedly from working in an asbestos-contaminated building. If the revelation against Dr. Moline's client proves true, it could put 200 other baby powder cancer trials where the asbestos scientist testified as an expert plaintiff's witness in jeopardy. LTL Management attorneys argue that the Dr.'s disparaging remarks damaged Johnson & Johnson's iconic brand of baby powder by stating that the plaintiff's asbestos exposure could have come from no other source but using the talcum powder.
More than 38,000 talcum powder ovarian cancer and mesothelioma lawsuits are currently on hold, waiting patiently for an appeals court judge to determine whether or not Johnson & Johnson's LTL management subsidiary can declare itself bankrupt. Johnson & Johnson is seeking to shelter its approximately 400 billion dollars in assets from ovarian cancer and mesothelioma victims that allege using the product caused their diseases. Earlier this year Johnson & Johnson spun off their talcum powder legal liability into a shell corporation named LTL Management and immediately petitioned the court for bankruptcy, which it was granted over the objections of plaintiff attorneys, legal scholars, and US federal government lawmakers who argue that the Texas Two Step bankruptcy maneuver circumvents the intentions of the bankruptcy law and is generally considered to be unethical and potentially considered fraudulent by the bankruptcy court. The LTL Management bankruptcy is currently under review by the appeals court which promised to do so expeditiously more than six months ago. Johnson & Johnson discontinued selling their iconic brand of talc-based baby powder in 2020 in North America after the US Food and Drug Administration (FDA) tested and found asbestos, a deadly carcinogen, to contaminate bottles of Johnson's Baby Powder purchased from retail stores Walmart, RiteAid, and CVS. The company followed that up this year by stating that they will discontinue all Johnson's Baby Powder sales worldwide. Johnson & Johnson told reporters that the company has decided to replace talc with cornstarch in all of their beauty care products without admitting to the allegations that their talc supply is contaminated and allegedly causes a variety of types of cancer. "As part of a worldwide portfolio assessment, we have made the commercial decision to transition to an all cornstarch-based baby powder portfolio," it said in a statement," BBC.com reported the other day.