Respected mesothelioma researcher Dr. Jacqueline Moline was in court last week, defending herself against claims of trade libel lodged by Johnson & Johnson’s bankrupt talc subsidiary Pecos River Talc LLC. The company’s previous claim against her had been dismissed based on First Amendment protections, but its attorneys asserted they’d found new information and refiled its claim. The doctor pushed back once again, saying that the company had failed to cite any evidence undermining the court’s original finding.
Mesothelioma Study Methods Constitute Protected Scientific Opinion
Johnson & Johnson has been named as a defendant in tens of thousands of mesothelioma and ovarian cancer personal injury lawsuits, and many of the plaintiffs have cited Dr. Moline’s scientific writings to support their claims. The company has worked to discredit her writing, which concludes that exposure to asbestos in Johnson & Johnson’s talc products could be tied to the mesothelioma identified in 33 study participants.
The company’s current lawsuit revisits its original claim, asserting that a deposition given by the mesothelioma researcher proves that the statements she made in her study were objectively false. Pecos River’s is claiming that her testimony shows she’d known that some of the 33 study subjects were exposed or potentially exposed to asbestos other than cosmetic talc, but that she’d ignored those non-talc sources, deliberately designing her article to disregard that evidence. Moline countered that none of the company’s arguments would have impacted the court’s June 2024 dismissal of its trade libel claim, which cited previous case law saying that even if an author used flawed methods, that doesn’t create an actionable falsehood, and that neither do allegations about undisclosed motives or conflicts.
Johnson & Johnson Continues to Battle Mesothelioma and Ovarian Cancer Claims
The iconic consumer product company has lost several recent cases, with juries awarding mesothelioma and ovarian cancer victims and their survivors millions of dollars in damages. As it actively defends against other personal injury claims, Johnson & Johnson’s worldwide vice president of litigation, Erik Haas, claimed that Dr. Moline is on a mission to promote a “fraudulent article” to “fuel baseless litigation and enrich the plaintiffs’ lawyers who hired her.” He vowed to continue legal action against her and other medical experts whose testimony about asbestos contamination in talc products has played a significant role in juries awarding multi-million dollar awards.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.