There are tens of thousands of people who blame their malignant mesothelioma, ovarian cancer, and other serious illnesses on asbestos contamination in talc, and specifically in Johnson & Johnson’s Baby Powder. Collectively, those victims have filed over 50,000 personal injury lawsuits against the company that were previously delayed by the company’s pursuit of a controversial bankruptcy strategy. Now their progress is being delayed again by a federal judge ordering a review of previously submitted evidence.
New Evidence Rule May Impact Mesothelioma Lawsuits
The action taken by U.S. District Judge Michael Shipp, who is overseeing 53,000 consolidated J & J mesothelioma and ovarian cancer lawsuits, is a direct response to a change in federal rules governing evidence tied to expert witness testimony. Known as Daubert rules, in December the rules changed, requiring judges to more actively review the admissibility of a witness and the testimony he plans to give. The judge has given Johnson & Johnson until mid-July to renew its arguments against the scientific evidence previously admitted in the case.
The new rules indicate that: 1) a court may not admit expert testimony unless the proponent establishes its admissibility by a preponderance of the evidence, and (2) a court must find that an expert’s opinion follows from a reliable application of the methodology to the facts at issue before that opinion is heard by a jury.Though the change may seem minor, it was created to address a gap between implied standards and explicit standards that some believe have allowed questionable evidence to be admitted.
Both Sides in Mesothelioma Case See Benefits in Rule Change
In response to this change, attorneys representing both the mesothelioma and ovarian cancer victims and Johnson & Johnson have indicated that the rule change will work in their favor. While Johnson & Johnson calls the plaintiffs’ evidence “junk science,” attorneys representing the victims say that their evidence that J&J products caused their clients’ cancer is stronger than ever.
Commenting on the shift, one of the attorneys representing mesothelioma victims said, “The truth of J&J’s deceptive conduct to hide the presence of carcinogens in talcum powder and mislead the medical and scientific communities has only become clearer over time.”
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
