It’s been just one week since the U.S. Food and Drug Administration revealed they’d discovered asbestos in bottles of Johnson & Johnson’s Baby Powder, but that announcement has already impacted lawsuits filed by both malignant mesothelioma victims and victims diagnosed with ovarian cancer. In both cases plaintiffs have accused the company’s product of being contaminated with the carcinogen.
FDA random testing result likely to impact thousands of lawsuits
In defending its product against responsibility for malignant mesothelioma and ovarian cancer, Johnson & Johnson’s has provided dozens of expert witnesses who have insisted that their product contained no asbestos. Now the company has voluntarily recalled 33,000 bottles of its baby powder, while plaintiffs’ attorneys assert that the talc in the recalled bottles is sourced from the very same mines that the company has been using for decades.
A representative of several mesothelioma victims summed up the thoughts of thousands of victims around the country, saying, “The FDA’s findings of asbestos in Johnson’s Baby Powder support the positions taken by the plaintiffs’ committee and our experts throughout this process, and contradict the ongoing assertions of the company and its counsel. We view the FDA’s actions and comments to be highly relevant to the litigation and worthy of consideration by the court.”
Victims ask court to obtain information about FDA lab tests
The next logical step for the victims, who are seeking justice following their diagnosis with ovarian cancer or mesothelioma, is to ask the FDA to fully release the results of the laboratory tests that confirmed the presence of asbestos in Johnson & Johnson’s product, as well as to get Johnson & Johnson to release their own internal information. To that end they have filed a request under the Freedom Of Information Act.
In what is being viewed by many as a show of bad faith, Johnson & Johnson has questioned the integrity of the FDA’s sample and the validity of the agency’s test results. They have also argued that the discovery of asbestos in the product does not “move the needle” on the current cases.
If you suspect that your malignant mesothelioma or ovarian cancer were caused by exposure to asbestos in Johnson & Johnson’s Baby Powder or any other talc-based product, you need information about the resources available to you. For assistance, contact us today at 1-800-692-8608.