The fate of thousands of lawsuits accusing Johnson & Johnson’s talc-based powders of causing malignant mesothelioma and ovarian cancer are in the hands of a federal judge, who is making the determination this week as to which expert witness testimony will be allowed in many of the cases that are pending. Johnson & Johnson is trying to have the lawsuits dismissed by arguing that the witnesses slated to testify on behalf of the asbestos-related disease victims are not basing their testimony on sound science.
Judge Freda Wolfson, Chief of the United States District Court for the District of New Jersey, is the judge under whom all of the mesothelioma and ovarian cancer cases have been consolidated, and she will be hearing from one witness each day for the next several days before she makes her decision on the question.
The process of allowing or eliminating expert witnesses from a case is known as a Daubert hearing: in the case of these mesothelioma and ovarian cancer lawsuits, the 22 total witnesses that the plaintiffs have proffered in support of their cases will testify that asbestos was present in the talc powder and could cause cancer, while Johnson & Johnson is hoping to prevent those witnesses from testifying, denying that their assertions are based on established or provable scientific principles.
Johnson & Johnson’s argues that the expert witnesses are wrong
In the face of significant legal losses on the question of mesothelioma and ovarian cancer, Johnson & Johnson has little to pin its hopes on beyond having the victims’ expert witnesses dismissed. If they are successful it will mean that approximately 11,000 of the pending cases against it would be eliminated. If they lose and the witnesses are permitted to testify against them, there is a strong likelihood that there are many more legal losses in their future, and victories for victims of the asbestos-related diseases. The Daubert hearing is expected to go on for several days.
Whether your malignant mesothelioma was caused by exposure to Johnson & Johnson’s Baby Powder or you were exposed elsewhere, you need expert advice and assistance. Contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608 to learn more.
