Johnson & Johnson's Challenge Of Plaintiff Expert Witness Testimony Upheld In New Jersey Court
A New Jersey court of appeals confirmed that Johnson & Johnson was right to challenge the findings of scientists who believe talc contains asbestos and can cause cancer
Wednesday, October 4, 2023 - Johnson & Johnson's attack on the credibility of expert talcum powder cancer witnesses that could testify against them at upcoming talcum powder cancer lawsuits was given an enormous shot in the arm when a New Jersey court of appeals set aside a 225 million dollar jury verdict against the company based on the alleged questionable credibility of the witness testimony against them and ordered a new trial. Four women allege they developed cancer from inhaling or otherwise ingesting asbestos-contaminated asbestos in talcum powder products, Johnson's Baby Powder, and Shower to Shower Body Lotion. According to euronews.com, "A New Jersey appeals court has quashed a $223.8 million verdict against Johnson & Johnson (J&J) that a jury had awarded to four plaintiffs who alleged they got cancer due to asbestos exposure in the company's talc powder products. In a judgment handed down on Tuesday, the Superior Court of New Jersey's appellate division found that the lower court judge should not have allowed some of the scientific expert testimony presented by the complainants during the trial. The appeals court concluded that the specialists had not explained the facts or methods they used to support their belief that talc products had caused the plaintiffs' cancers. Both the US Food and Drug Administration (FDA) and biomolecular researcher Dr. William Longo have tested bottles of Johnson's Baby Powder and have found asbestos using an asbestos testing methodology that is allegedly more sensitive and not used by the cosmetics industry.
The decision could be a bellwether of good things to come for Johnson & Johnson in their appeal of about a dozen multi-million dollar jury awards against them in the past five years. Johnson & Johnson has repeatedly stated that their health and beauty care products that contain talc are safe, pure, and asbestos-free according to spokespersons for the company. The company has, more importantly, filed suit against four expert witnesses who were cleared to give testimony for plaintiffs with alleged talc-cancer saying in court papers that the results of their studies were based on shoddy scientific evidence. " Worldwide Vice President of Litigation at J&J said in a statement emailed to Euronews that the decision "resoundingly rejects the 'junk science' advanced by purported 'experts' paid by the mass tort asbestos bar." At the core of the expert witness testimony being challenged is Dr. Jacqueline M. Moline, M.D., M.Sc., an Occupational Medicine specialist and Professor of Occupational Medicine, Epidemiology and Prevention, and Internal Medicine at the Donald & Barbara Zucker School of Medicine at Hofstra/Northwell. Dr. Moline's research, among other things, indicates that talc can enter the vagina, make its way up through the Fallopian tubes, and become permanently lodged in the ovaries. Using talcum powder every day could cause sufficient quantities of talc to accumulate in the ovaries and cause oxidative stress leading to talcum powder cancer or mesothelioma.
OnderLaw, LLC -