Talc Plaintiffs Object To The Appointment Of A Former MDL Judge

The judge had retired from the bench but now works for a Johnson & Johnson attorney law firm

Tuesday, September 12, 2023 - A plaintiff's steering committee (PSC) has registered their objection to appointing Judge Freda Wolfson to a committee to re-examine expert witnesses she once approved while heading the Johnson & Johnson talcum powder cancer multi-district litigation (MDL). Multi-district litigation was initiated several years ago to consolidate the tens of thousands of talcum powder ovarian cancer lawsuits filed against Johnson & Johnson for personal injury allegedly caused by using Johnson's Baby Powder and Shower to Shower bath product. Judge Wolfson recently retired from the bench and is now a partner with the Lowenstein Sandler law firm, counsel to Johnson & Johnson in the LTL bankruptcy as such an appointment would create a conflict of interest for Wolfson. " In a court order (PDF) issued on September 7, Judge Shipp asked the parties to file correspondence setting forth their positions on the appointment of Judge Wolfson for the limited purposes of addressing any remaining Daubert-related disputes and motions challenging the admissibility of expert testimony," according to AboutLawsuits.com, and also that, "Ret. Judge Wolfson's work as a partner at a law firm that represented Johnson & Johnson in its bankruptcy claims should disqualify her from handling Daubert disputes and other issues that arise in the federal MDL, plaintiffs argue." Judge Wolfson was once front and center in the Johnson's Baby Powder cancer MDL and, after six months of interviewing experts and deliberations, approved a list of expert witnesses that each side could call to testify in upcoming Johnson's Baby Powder Ovarian cancer and mesothelioma trials, but retired during the 2-year hiatus of trials during the covid pandemic and also while Johnson & Johnson attempted to place their talcum powder cancer legal liabilities into bankruptcy.

The Talcum Powder Multidistrict Litigation (MDL) involves Johnson & Johnson and their talc-based products. Allegations in this MDL center around claims that the company's talc powders, including Baby Powder and Shower to Shower, contained asbestos and contributed to the development of ovarian cancer and mesothelioma in some users. This MDL has garnered substantial attention and legal scrutiny due to thousands of lawsuits against Johnson & Johnson. Plaintiffs contend that the company possessed knowledge of potential health risks associated with their talcum powder but failed to adequately inform consumers. Legal experts concur that multidistrict litigation (MDL) serves as an integral tool within the U.S. legal system. MDL's primary function is to consolidate multiple similar individual cases into a single federal district court for pretrial proceedings, offering several key advantages. MDL significantly streamlines the litigation process by centralizing common tasks such as discovery, evidence collection, and pretrial motions. This consolidation not only saves valuable time and resources for both plaintiffs and defendants but also ensures a more uniform application of legal principles, contributing to equitable outcomes, according to legal experts. Moreover, MDL increases the possibility of one large out-of-court settlement being offered by facilitating more effective negotiations. This attribute proves particularly advantageous in cases where there is complex scientific or technical evidence that could confuse or inflame juries, typical of recent talcum powder cancer trials.

Information provided by TalcumPowderCancerLawsuit.com, a website devoted to providing news about talcum powder ovarian cancer lawsuits, as well as medical research and findings.