In March 2020, an article discussing 75 malignant mesothelioma patients appeared in the American Journal of Industrial Medicine. The article, which said the patients’ only exposure to asbestos was in cosmetic talc products, spurred legal action from the Johnson & Johnson subsidiary established to hold all of the company’s talc liabilities, but this week a New Jersey federal judge dismissed the company’s claim based on lack of jurisdiction.
Johnson & Johnson Talc Subsidiary Argues that Mesothelioma Article was Fraudulent
In its original lawsuit filed in July 2023, LTL Management argued that the article written by doctors Theresa Swain Emory, Richard Lawrence Kradin, and John Coulter Maddox was fraudulent and misrepresentative because the authors did not include information about claims against other companies that the 75 mesothelioma victims had filed. The article followed a similar one written by Dr. Jacqueline Moline, which also spurred legal action from LTL.
Johnson & Johnson is currently facing tens of thousands of mesothelioma and ovarian cancer lawsuits from people who believe the talc-based product was contaminated with asbestos and caused their illnesses. In pursuing legal action against the physicians, the company asserts that the article targeted them because they are the leading brand of cosmetic talc products.
Judge Rules New Jersey Has No Jurisdiction Over Authors of Mesothelioma Article Lawsuit
LTL Management filed its claim in New Jersey’s courts because they argued that the mesothelioma article was peer-reviewed in the state. They also point to one of the authors having served as a contributing editor to the New Jersey-based publication in which the article was published and that the authors had previously appeared as expert witnesses in cases filed against them in the state. However, U.S. District Judge Zahid Quraishi said that this argument lacked legal support for the court to exercise personal jurisdiction, and dismissed the case.
If you or someone you love has been diagnosed with malignant mesothelioma and you are unsure of how you were exposed to asbestos, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
