Johnson & Johnson is facing numerous claims filed by victims of malignant mesothelioma and ovarian cancer. In one such case filed in New Jersey, the company has repeatedly attempted to access the identities of individuals whose medical data was used by Dr. Jacqueline Moline for a mesothelioma study she conducted. Justice Adam Silvera of the Supreme Court of the State of New York recently denied the company’s most recent effort.
Mesothelioma Doctor Files Motion to Quash Out-of-State Subpoena
Dr. Jacqueline Moline is a widely respected expert on occupational diseases and has published extensively on the topic of malignant mesothelioma. Two of her articles, “Mesothelioma Associated with the Use of Cosmetic Talc” and “Exposure to Cosmetic Talc and Mesothelioma” were submitted as evidence in recent personal injury trials in the state of New Jersey, and the defendant, Johnson & Johnson, filed a motion to compel production of the identities of the individuals that she studied for those articles.
In response to Johnson & Johnson’s actions, Dr. Moline filed a petition in the state of New York, where the studies were conducted, to quash the subpoena and deny the company access to the information. Johnson and Johnson argued that a New Jersey judge had signed the subpoena and that the New York courts needed to respect that order.
New York Judge Rejects J&J’s Motion in Mesothelioma Argument
In response to the company’s argument, Justice Adam Silvera noted that his New Jersey colleague had not ordered the production of the information; rather she had indicated that the keeper of the information needed to address any legal arguments concerning HIPAA protections. The judge went on to say that the medical records had come from patients who had not consented to participate and that was why their identities had been obscured, making her objections valid.
The judge noted that the information used in the mesothelioma study was also not discoverable based on a previous court ruling that said that “the absence of any specific information on the identities of the individuals studied precludes inquiry into the basis of the factual underpinning of no known exposure to asbestos other than talcum powder.” As a result, the article written by Dr. Moline was explicitly not relied upon in the previous court proceedings, making them undiscoverable.
Johnson & Johnson’s talcum powder has been accused of causing many cases of mesothelioma and ovarian cancer. If you have been diagnosed with either disease and need information on your rights, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
