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Johnson & Johnson’s “Junk Science” Defense Thrown Out by Asbestos-Talc Case Judge

May 05, 2020

USA- writes that Johnson & Johnson’s attempt to disregard the experts hired by several plaintiffs in the multidistrict litigation over talc and cancer was thrown out this week by the overseeing judge. The federal judge ruled that the plaintiff’s experts are reliable and admitted the evidence from those experts who were called to support a connection between the company’s talc and ovarian cancer. The decision could mean that the damaging evidence will be admitted in over 16,000 lawsuits against the company.*

The New Jersey-based judge stated that five experts called to testify could be heard by juries. Two of those experts have previously testified in front of Congress. 

The plaintiffs’ attorneys trying the case see the decision as a major win in their battle against Johnson & Johnson. For several years the defendant claimed that the connection between its baby powder and ovarian cancer was based on nothing more than “junk science.” Johnson & Johnson’s attorneys have argued that there is no actual connection between the product and the development of the potentially deadly cancer. 

The judge found that the methods and findings of the plaintiffs’ experts were reliable and based on science. 

Johnson & Johnson is still reviewing the decision. The company has already lost in other talcum powder cases, including one in which a $4.7 billion dollar verdict was entered in favor of 22 women. 

Experts are also testifying on behalf of the defense, and the judge pointed out that there is science to support both sides of the litigation. The upcoming battle will involve experts with competing opinions, which juries will be tasked with weighing. 

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Category: Product Liability

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