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Johnson & Johnson’s Legal Gamble Against an Expert Witness

by Brayton Purcell LLP | Aug 22, 2019 | Firm News

Johnson & Johnson thought that they were in the clear in 1976. Mount Sinai Hospital researchers announced that while many talcum powder brands cause cancer, J&J products were free of the carcinogen. Now, more than 40 years later, unsealed company documents tell a much different story that reveals the possibility of company executives engaged in a cover-up over the dangers of their product dating back to the 1970s.

While their talcum powder sales continue to dominate the market, Johnson & Johnson remains on the defensive as attorneys for defendants have filed a total of 14,000 lawsuits. Recently, Johnson & Johnson went on the offensive in disputing claims that continue to tarnish the companies already damaged image.

The global healthcare product powerhouse – accused of concealing health concerns surrounding their baby powder – directed their arguments at what they see as unreliable methods employed by scientists. They claim the use of unscientific methods tailor-made for litigation flawed by procedures in talcum powder testing. Their goal is to bar the expert witness who conducted those studies from testifying in cases consolidated in a Trenton federal court.

In spite of strong evidence to the contrary, both J&J continues to claim that tainted and untainted talc causing ovarian cancer goes against scientific consensus.

That assertion reveals the lengths Johnson & Johnson will go to protect their image and bottom line. The stakes are high with millions of dollars in the form of litigation costs, potential financial damages, and diminishing stock values. Johnson & Johnson’s “tab” continues to grow with billion-dollar verdicts against them and subsequent appeals.

A ruling against the expert testimony could impact thousands of existing and pending cases.

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