A federal judge has issued a comprehensive 639-page judicial report recommending that nearly all expert witnesses submitted by both mesothelioma and ovarian cancer victims and Johnson & Johnson be allowed to testify in upcoming talcum powder litigation against the consumer giant. It’s thought that the decision, which J&J pledges to appeal, will have a significant impact on the trial’s outcome.
Mesothelioma Expert Testimony Survives Defense Challenges
Retired U.S. District Judge Freda Wolfson, special master in the mesothelioma and talc multidistrict litigation, issued her report earlier this week. In it, she recommends that U.S. District Judge Michael Shipp deny most of the 17 motions proposed by both the plaintiffs and by Johnson & Johnson to exclude the 39 experts. The ruling addresses experts who plan to testify about asbestos contamination in Johnson & Johnson’s talcum powder products and its connection to ovarian cancer and other asbestos-related diseases.
Back in 2020, Wolfson allowed five of the plaintiffs’ general causation experts to testify in mesothelioma and talc cases, but shortly after that decision, multiple Chapter 11 bankruptcy filings submitted by Johnson & Johnson subsidiaries halted all of the related trials. When Judge Shipp assumed control of the multidistrict litigation in 2023, allowed both sides to reargue their expert challenges in light of a 2023 amendment to Federal Rule 702 of Evidence, as well as in recognition of scientific discoveries realized in the last few years.
Judge Finds Mesothelioma Science Shows “No Seismic Shifts”
In her report, Judge Wolfson notes that the plaintiffs’ general causation experts remained reliable despite defense challenges to their mesothelioma and asbestos-related testimony. In denying Johnson & Johnson’s motion to strike these experts, Wolfson pointed to a “more robust record of scientific evidence” in the past five years concerning talc and mesothelioma risks.
“Indeed, there have been no seismic shifts in the scientific landscape that would warrant reconsideration of my ruling here,” Wolfson wrote regarding the mesothelioma evidence. “In fact, the majority of additional studies support the association between talc and ovarian cancer, without any new studies concluding that no causal link exists.”
Christopher Placitella, liaison counsel in the mesothelioma and talc multidistrict litigation, emphasized that Wolfson’s ruling allows the victims’ experts to testify about asbestos contamination of Johnson & Johnson’s products and the mines that supplied the talc. This type of testimony has been critical in recent mesothelioma cases.
Mesothelioma Litigation Advances Despite Defense Opposition
In response to the judge’s ruling, Johnson & Johnson said it would appeal “the erroneous aspects” of the mesothelioma expert recommendation. The company asserted that she had “disregarded changes to the Federal Rules of Evidence.” However, an attorney representing many of the victims called her report a “major victory for 67,000 women poisoned by talc” and criticized Johnson & Johnson’s attempts to spin the ruling.
The report covered motions addressing general causation, contamination and testing, regulatory issues, and specific causation for bellwether plaintiffs diagnosed with mesothelioma and ovarian cancer, paving the way for juries to evaluate multiple scientists’ testimonies in upcoming trials.
If you or someone you love has been diagnosed with mesothelioma or ovarian cancer and you believe it was caused by exposure to talc, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
