In the latest asbestos trial accusing Johnson & Johnson of liability for victims’ ovarian cancer and mesothelioma, a former FDA commissioner told a Los Angeles jury that a consultant the company hired in the 1970s changed the conclusions of tests that found alarming levels of asbestos in the company’s talc products, and then provided the altered report to the U.S. Food and Drug Administration to indicate that the products were safe. In the case filed on behalf of three deceased women — Mary Owens, Bonnie Tienken, and Geneva Williams— who all used J&J’s talc products for feminine hygiene, the former commissioner accused the company of burying reports proving contamination rather than protecting its customers.
Mesothelioma Expert Reveals “Do Not Use This Report” Note on Original Asbestos Test Results
Dr. David Kessler was the commissioner of the FDA from 1990 through 1997, and he frequently testified on behalf of mesothelioma and ovarian cancer victims. In the ongoing trial, he recently testified that after FDA-commissioned scientist Seymour Lewin discovered asbestos in Johnson & Johnson’s talc in the early 1970s, the company had its longtime testing consultant McCrone & Associates test the same samples. When that second test also came back positive for asbestos fibers, the consultant’s report, shown to the jury, was marked with a handwritten note on the front page stating “Do Not Use This Report: Replaced By Another Version.”
Research has directly linked tremolite asbestos to mesothelioma and ovarian cancer, and the second, altered version of the McCrone report reflected a substantial reduction in the amount of tremolite the FDA was told had been found. The second version’s summary described the samples as “substantially free” of asbestos, noting only that a “few” tremolite rods were found. The original mesothelioma-linked report found up to 0.5% of the sample contained tremolite, which Kessler said may sound like a small amount but actually represents millions of asbestos particles.
Gynecologist Testifies Talc Is an Established Ovarian Cancer Risk Factor
Dr. Judith Wolf, a gynecologic oncologist and ovarian cancer expert, also testified for the plaintiffs. She discussed several mesothelioma and cancer studies, including one published in the Journal of Clinical Oncology concluding that inhaled talc can cause lung cancer in mice, and an International Agency for Research on Cancer study finding evidence that talc is carcinogenic in animals.
Under cross-examination, Dr. Wolf acknowledged that she had never previously considered talc a mesothelioma or ovarian cancer risk because when she received her medical degree in the 1980s, the doctors training her said that asbestos had been removed from talc. This is consistent with evidence showing J&J successfully convinced the medical community that its products were safe despite internal knowledge of asbestos contamination. Only after working with plaintiffs’ attorneys and reviewing medical literature on talc did she conclude it was a risk factor.
If you or someone you love has been diagnosed with mesothelioma or ovarian cancer, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
