With Bankruptcy Protection Denied Johnson & Johnson Takes The Legal Offensive
A Talc MDL judge will determine who can testify in talc cancer trials going forward
Sunday, September 24, 2023 - Johnson & Johnson has taken an unprecedented legal approach by suing 4 potential expert witnesses in talcum powder cancer cases, including Dr. Jacqueline Moline, a leading authority. This tactic has sparked controversy, with experts and scholars concerned about its impact on scientific research and public health. Johnson & Johnson's legal maneuver may be designed to intimidate potential talcum powder expert witnesses for those with ovarian cancer or mesothelioma and keep others from publishing their reports. While Johnson & Johnson claims flaws in their scientific research, the legal community remains divided over the company's true intentions in filing the lawsuits. Johnson & Johnson is also accused of deploying delaying tactics in the face of the avalanche of talcum powder cancer lawsuits. The tactic involved creating a subsidiary, LTL Management, filing for bankruptcy immediately using the "Texas Two Step" strategy, and later withdrawing it. This move, criticized by experts and lawmakers, aimed to evade product safety responsibilities but was eventually rejected. Johnson & Johnson offered $9 billion to settle talcum powder claims. In another trial-delaying strategy, the company filed lawsuits against expert witnesses like Dr. Jacqueline Moline, alleging flaws in their studies linking cancer to its talc products. This move has faced backlash as experts claim intimidation.
Plaintiff lawyers argue Johnson & Johnson aims to silence key expert witnesses approved by Judge Freda Wolfson who recently retired from the bench. With bankruptcy protection denied for over 70,000 talcum powder lawsuits, Johnson & Johnson is taking the legal offensive. The company alleges the studies contain false statements, challenging the link between asbestos in talc and health risks, a contentious issue dating back to the 1970s. Despite evidence of talc potentially containing asbestos, millions of people worldwide continue to use talcum powder. Approximately 60,000 lawsuits claim Johnson's Baby Powder, made from talc, led to talcum powder ovarian cancer in women using it for feminine hygiene. In 2020, the FDA found asbestos in the product, leading to its discontinuation in North America and worldwide. Johnson & Johnson maintains their talc is asbestos-free and blames decreased sales on misinformation. Experts note that any asbestos ingestion can be dangerous, as one tiny particle can cause cancer. Purified talc may be safe, but talc contaminated with asbestos poses significant health risks. Johnson & Johnson has established a trust to settle talcum powder cancer lawsuits, offering compensation to affected women.
The Talcum Powder Multidistrict Litigation (MDL) involves allegations against Johnson & Johnson regarding their talc-based products, including Baby Powder and Shower to Shower, being linked to ovarian cancer and mesothelioma. Thousands of lawsuits have been filed, accusing the company of failing to inform consumers about the potential health risks of using talcum powder for feminine hygiene and also on a baby during diaper changes. Multidistrict litigation streamlines legal processes by consolidating similar cases, saving time and resources. It ensures consistent legal application and enhances the potential for large settlements. MDL is especially useful in complex cases involving intricate scientific evidence, as seen in talcum powder cancer trials. Recent objections during MDL hearings center around appointing a retired judge with a potential conflict of interest.
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