A federal judge has handed a major win to three mesothelioma researchers, ruling that Johnson & Johnson’s talc liability subsidiary failed to prove they knowingly published false claims in a 2020 study linking cosmetic talc exposure to the deadly cancer.
Mesothelioma Study Authors Cleared of Actual Malice
Mesothelioma experts Dr. Richard Kradin, Dr. Theresa Swain Emory, and Dr. John Coulter Maddox won a summary judgment from U.S. District Judge Jamar K. Walker in Virginia, who found that Pecos River Talc LLC’s evidence failed to meet the “clear and convincing” standard required to prove actual malice. The doctors’ 2020 article in the American Journal of Industrial Medicine examined 75 mesothelioma patients whose only known asbestos exposure was tied to cosmetic talc products.
Pecos River, the J&J entity created to absorb the company’s talc liabilities, argued the mesothelioma researchers falsely denied any overlap between their 75 patients and subjects in a related, similarly disputed study, when, in fact, eight participants overlapped. Judge Walker found that Dr. Emory’s admitted “mistake” in missing the overlap wasn’t evidence of malice, particularly since she had consulted a law firm beforehand to confirm no duplication existed. The judge wrote that the post-litigation conduct that the company cited had “an obvious explanation — fear of litigation” rather than evidence of knowing falsehood.
Mesothelioma Researcher Previously Fought Sanctions Bid
This isn’t the first legal battle Pecos River has waged against the mesothelioma study’s authors. The company separately sought sanctions against Dr. Kradin over his practice of deleting emails, including correspondence about the mesothelioma research, before he was named a defendant. Kradin argued he had no duty to preserve messages from years before litigation began and that he routinely deletes all his email, not just study-related correspondence. A magistrate judge found his habits didn’t amount to the intentional misconduct the company alleged.
Pecos River’s predecessor, LTL Management, previously sued the same three mesothelioma researchers in New Jersey over the identical article, but a federal judge dismissed that case in 2024 for lack of jurisdiction. Counsel for the doctors called this latest ruling a vindication of scientific freedom, while J&J said it disagrees with the decision and plans to appeal, arguing the mesothelioma case deserves a jury trial.
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.
