U.S. Judge Rules That J&J Must Defend Federal Talc Lawsuit

Thousands of lawsuits against Johnson & Johnson’s baby powder and talc products can move forward, according to a Monday ruling by a New Jersey Judge. 

J&J faces more than 16,000 talc-related lawsuits nationwide. In the lawsuits, plaintiffs allege that the company’s talc products are contaminated with asbestos and can cause ovarian cancer. A vast majority of these talc cases are pending before U.S. District Judge Freda Wolfson of New Jersey. 

J&J sought to bar all of the plaintiffs’ experts from testifying—which would have wiped out all of the cases before Judge Wolfson. While Wolfson’s ruling allows plaintiffs to present expert testimony that talc could be contaminated with asbestos, it prevents them from presenting expert testimony that talc itself causes cancer. 

The company issued a statement on Monday stating that the ruling “is not a determination by the court on the validity of the plaintiff’s allegations.” Further, the company added that all verdicts against the company in talc lawsuits that had gone through the appeals process have been overturned.

There have been other talc lawsuits that have to state courts. For example, a Missouri state court involving 22 plaintiffs produced a record $4.69 billion talcum powder verdict against J&J in the summer of 2018. 

The potential impact of expert testimony

While the court will not allow plaintiffs experts to link talc to cancer, experts will be able to connect the dots between asbestos and talc, and talc’s potential to contain asbestos. In October 2019, one of J&J’s own experts found talc in a sample of the company’s talc products. 

In 2018, Andreas Saldivar testified in a deposition that testing he did in 2010 for the FDA showed no evidence of asbestos in Johnson’s Baby Powder. However, Saldivar, a laboratory director of AMA Analytical Services Inc., found asbestos in a talc sample—prompting J&J to pull thousands of bottles of baby powder from the shelves.

The Carlson Law Firm Can Help

The Carlson Law Firm is accepting talcum powder lawsuit clients from all 50 states. If you’ve developed ovarian cancer and have used Johnson & Johnson’s Baby Powder, contact us today. We can help you navigate the complex legal system to get the compensation you deserve. We are available 24 hours a day, seven days a week.