UPDATE: J&J Questions Bias of Cancer Victim’s Expert in Talc Trial
Johnson & Johnson Co.’s lawyer questioned the bias of a plaintiff’s expert at trial on allegations by a cancer victim that the company knew scientific research linked its talcum powder to ovarian cancer.
David C. Steinberg, a consultant and founder of the Cosmetic Preservatives Council, testified that most companies track studies and medical literature relevant to their products. Scientific reports of the possible connection between talc and ovarian cancer date back to 1971, he said. Johnson & Johnson internal documents indicate the company did not want to conduct its own research, maintaining that was a regulatory agency’s responsibility, Steinberg said. He went on to testify that Johnson & Johnson should have warned consumers decades ago about the possible link.
During cross-examination, Johnson & Johnson’s lawyer asked Steinberg why he did not review other research that contradicted a correlation between talc and ovarian cancer. Steinberg said he wasn’t given those studies for this case. Knowing what he knows now, Steinberg said, he would have asked why federal regulators failed to press the company to comply with a government warning label rule. Even so, he said, the company could have added a warning label.
The is the third such case in the City of St. Louis State Court this year brought by women claiming the global consumer giant failed to warn them its Shower to Shower and Baby Powder products might cause cancer. The earlier juries awarded a combined $127 million to cancer victims and their families.
Also last week, there was another significant national development in talc litigation. The U.S. Judicial Panel on Multidistrict Litigation transferred 11 cases and possible actions to U.S. District Court in New Jersey, where Johnson & Johnson is headquartered. In Illinois, a federal judge rejected a defense motion to dismiss a potential class action brought by women who used talcum powder.
We will continue to keep you updated.
Sources:
Law360
New Jersey Law Journal
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