In Alameda County, California, a jury is hearing testimony in a mesothelioma lawsuit filed against Johnson & Johnson by a 24-year-old diagnosed with the rare and fatal form of cancer. While Emory Hernandez is accusing the company of negligently allowing its baby powder to be contaminated with asbestos and failing to warn of its dangers, the company’s attorneys are attempting to discredit decades-old research that confirmed the presence of the deadly mineral in Johnson & Johnson’s iconic product.
Mesothelioma Lawsuit Jury Question Research About Asbestos in Talc
The mesothelioma lawsuit is one of the first to be heard against Johnson & Johnson since a judge denied the company’s attempt to place its asbestos liabilities in bankruptcy. While that issue is still being litigated, Mr. Hernandez’ case was permitted to move forward because of the dire nature of his illness. In opening arguments, Johnson & Johnson’s attorney asserted that research conducted five decades earlier was not credible and should not be relied upon.
The attorney for Johnson & Johnson is attempting to convince the jury that there is no asbestos, which causes malignant mesothelioma, in the company’s talc-based product. She pointed specifically to research done by Dr. Arthur Langer at Mt. Sinai Hospital and Dr. Seymour Lewin at New York University. She told the jury that their results “could not be repeated” and that some of their findings had been questioned.
Witness Testimony in Mesothelioma Lawsuit Supports Presence of Asbestos in Talc
While the company’s attorney hoped to discredit the research about talc, one of the researchers that she referenced appeared as an expert witness in support of the mesothelioma victim. Dr. Langer gave video testimony that he had told Johnson & Johnson in 1971 about having found asbestos in their talc, and that he had done so again in 1976. He also noted that the company had withheld information from indicating that other labs had found the same thing.
Dr. Langer’s testimony in the mesothelioma lawsuit also noted that after Johnson & Johnson became aware of his research, the company complained to the dean of Mount Sinai, asking for his conclusions to be changed: the dean responded by retracting the report. Finally, Dr. Langer noted that as recently as 2017, four attorneys for the cosmetic giant had visited him and asked him to change his position.
The case is expected to continue over the next several weeks.
If you or someone you love has been diagnosed with mesothelioma or any other asbestos-related disease after using cosmetic talc, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
