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Plaintiff Experts Allowed to Testify Against Johnson & Johnson

Home » Plaintiff Experts Allowed to Testify Against Johnson & Johnson
May 06, 2020
Edward Smith

Expert Testimony Capable of Showing J&J Coverup

New Jersey U.S. District Court Judge Freda Wolfson made it clear in an April 2020 ruling against Johnson & Johnson that she would allow evidentiary testimony from the plaintiff’s experts on whether talc powder can cause cancer. With over 16,000 cases against J&J pending nationwide, this is a momentous decision. In short, without this testimony, many of the cases would have dropped along the wayside. The lawyers for Johnson & Johnson scoffed at the idea and said this decision is not a comment on the validity of the plaintiff’s cases. Instead, the company said that many cases where the plaintiff had won were overturned on appeal. 

J&J continues to deny that talc powder causes cancer, and the decision to allow the plaintiff’s experts to testify will let juries to hear both sides of the argument. Not only that, but the decision sets the stage for future claimants to obtain both punitive and compensatory damages.

Experts in the Talc Powder Trials

The amount of peer-reviewed medical literature in support of the argument that talc does cause genital cancer has been growing among respected scientists and physicians. Their testimony will be useful in future trials as they are asked whether talc powder is capable of causing cancer. In the New Jersey trials, many experts who were challenged by J&J will now be able to give their opinion. Some of the experts include:

  • Anne McTiernan is a University of Washington medical school and the School of Public Health research professor. The M.D./Ph.D professor is also a researcher at the respected Fred Hutchinson Cancer Research Center in Seattle.
  • Daniel Clarke-Pearson is associated with the University of North Carolina in Chapel Hill. The medical doctor is a professor and now chair of the department of obstetrics and gynecology there. He specializes in oncology as it affects gynecologic processes. 
  • Arch Carson is a program director and professor at the University of Texas. This M.D./Ph.D is a professor and director of the university’s School of Occupational and Environmental Health Center.
  • William Longo is a scientist and Georgia’s Micro Analytical Laboratories founder. This Ph.D. specializes in research on asbestos and microfibers. He will show that the talcum powder marketed by J&J contains both. 
  • Ghassan Saed is a professor at Wayne State University in the obstetrics, gynecology and oncology departments. This M.D./Ph.D will show the jury how talcum causes oxidative stress and inflammation in cellular structures.

Testimony Limits

The experts are not able to make some general statements. One is that talc, when inhaled, cannot move through the body to the ovaries. However, they are allowed to make that assumption when talc is used near the reproductive organs.

Johnson & Johnson – Discovery Requests Reveal Damning Evidence

As J&J internal documents became available, it was clear that the company knew about the presence of asbestos in its talc products. Records showed that J&J was aware of asbestos contamination for over 60 years and falsified claims submitted to the FDA.

Past Awards to Plaintiffs

The following is a partial list of jury awards since 2018:

  • April 2018: $117 million awarded to a plaintiff with mesothelioma
  • December 2018: $4.7 billion verdict by a Missouri jury to 22 women who had ovarian cancer
  • May 2019: $325 million verdict against Johnson & Johnson handed down in New York
  • September 2019: $37.3 million handed down to four plaintiffs in New Jersey for the development of mesothelioma after inhaling talc powder
  • October 2019: $40.3 million awarded to a California couple for mesothelioma from baby powder made by J&J

Sacramento Talcum Powder Injury Lawyer

I’m Ed Smith, a Sacramento talcum powder injury lawyer. Companies are obligated to produce a safe product for consumers. When they fail to do that and someone is injured or dies because of it, it is possible to hold the company responsible for the person’s injury. This is the basis of product liability law.

I fight for my client’s rights every day and believe they should not have to pay for another’s mistakes, whether it is a single person or a large corporation. Call me for free and friendly advice. I can be reached at (916) 921-5400 or (800) 404-5400. If it is more convenient for you, reach out to me online.

I’ve helped clients for the past 38 years obtain the compensation they deserve in all types of traumatic injuries, mesothelioma cases and brain injuries

Learn more about my practice here:

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Photo Attribution: https://pixabay.com/photos/justice-statue-lady-justice-2060093/

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