As part of its fight against mesothelioma and ovarian cancer claims, Johnson & Johnson has set its sights on an expert witness whose research has been repeatedly used against it in court. Though the company had previously been blocked from pursuing libel claims against Dr. Jacqueline Moline, the Third Circuit recently agreed to remand the case to the New Jersey federal court. This gives the company another opportunity to challenge her published research linking talcum powder to the asbestos-related cancer.
Mesothelioma Research Article Triggers Corporate Libel Lawsuit
The mesothelioma libel case centers on Dr. Jacqueline Moline’s scientific article, which examined connections between talcum powder and mesothelioma. Pecos River—previously known as LTL Management LLC, has long claimed that the research contains false statements and that those statements undermine Johnson & Johnson’s defense against thousands of cancer lawsuits. After U.S. District Judge Georgette Castner made clear that she’d allow the company another chance at its defamation suit against Dr. Moline, U.S. Circuit Judge Stephanos Bibas signed off on the company’s motion to remand.
In asking to reverse Judge Castner’s 2024 dismissal of its libel claim, Pecos River claimed that newly discovered evidence proves there were false statements in Moline’s mesothelioma research article. Moline is among several doctors whom Pecos River—a Johnson & Johnson spinoff created to hold its massive asbestos liabilities—has sued over testimony they provided in lawsuits alleging asbestos-contaminated talc powder caused mesothelioma.
Mesothelioma Case Hinges on Newly Discovered Document
The renewed mesothelioma libel case centers on a document Pecos River obtained through a subpoena against Moline’s employer, Northwell Health. The company alleges that the study’s participants include mesothelioma patients exposed to asbestos from sources beyond cosmetic talc. Pecos River claims this evidence proves Moline’s mesothelioma article “is nothing more than a made-for-litigation attempt to distort the literature with something posing as ‘science’ to support the plaintiff bar’s tort claims in the talc litigation.”
Johnson & Johnson’s worldwide vice president of litigation, Erik Haas, said the case record shows Moline “blatantly lied” about facts underlying her published opinion, claiming she and other plaintiffs’ experts cited the article as “purported support for false product liability claims” in mesothelioma lawsuits. In response, Moline’s attorney expressed confidence that the renewed defamation pleading “will fare no better than their original complaint—and no better than they have fared in the many talc trials that have led to literally billions of dollars in verdicts against them.” This refers to Johnson & Johnson’s recent mesothelioma trial losses, including a $1.5 billion Baltimore verdict that suggested that juries accept the scientific evidence linking talc to mesothelioma.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
