A medical scientist has asked the court to dismiss the lawsuit Johnson & Johnson brought against her for her 2019 research on the link between cosmetic talc and cancer. She argued that her work is reliable and is protected by the freedom of speech rights.
The Justice Now (Sept 15th): A medical scientist has asked the court to dismiss the lawsuit Johnson & Johnson brought against her for her 2019 research on the link between cosmetic talc and cancer. She argued that her work is reliable and is protected by the freedom of speech rights.
Dr. Jacqueline Moline was an expert witness for plaintiffs in more than 200 lawsuits in which she claimed that J&J products containing talc caused cancer-causing patients. In a court filing filed in the federal courts at Trenton, New Jersey, the lawsuit was an attempt to “intimidate” experts in the field of science.
According to the Moline court filing, Scientific conclusions based on accurate descriptions of data and the methodology used to create them are protected under the First Amendment of the U.S. Constitution’s protections for freedom of the speech of academics and free expression.
J&J has been hit with over 38,000 legal cases alleging its talc products, such as Johnson’s Baby Powder, can contain asbestos and cause cancers, including ovarian and mesothelioma.
The company claims that its products made of talc are safe and don’t contain asbestos.
J&J’s affiliate LTL Management, which absorbed the company’s liability for talc in the controversial spinoff in 2021, was sued by Moline in May. The company also sued another three researchers in July. Claiming they were guilty of publishing false research, which damaged J&J’s image.
J&J issued a statement Monday reiterating the lawsuit filed in May that the study conducted by Moline was flawed due to its claim to focus on 33 patients who did not have asbestos exposure other than the use of cosmetic talc. In reality, one participant in the study was exposed to a second source of asbestos. J&J stated that it believes some study participants are exposed to asbestos in other ways.
An attorney representing Moline spoke on Monday only after the documents were submitted to the court.
Moline, who is employed in Northwell Health in Great Neck, New York, said in her court papers that her study correctly disclosed that all data about patients’ exposure to asbestos was derived from the testimony they offered during their cases. The study also revealed the possibility of conflicts of interest arising from her position as an expert witness for plaintiffs.
A patient who had submitted a workers’ compensation claim that seemed to contradict her testimony in court by claiming another source of asbestos exposure, Moline changed her document to note she shouldn’t include that patient; however, she remained with her conclusions, as per her court report.
J&J has been trying to resolve the talc controversy by putting LTL Management in bankruptcy, and as part of the process, offered $8.9 billion to stop any future or ongoing lawsuits in which talc is blamed for causing cancer. The company’s efforts have been blocked by the court’s ruling that the company isn’t in a state of financial crisis to be eligible for bankruptcy protection.
J&J has filed an appeal against the rulings and ramped up attacks on research studies that were used to support litigation involving talc.
The Talc lawsuits have a mixed track record in court as well, with J&J having won several cases while losing some, including the $2.1 billion judgement that was awarded to the 22 plaintiffs who blamed cancer of the ovary due to asbestos contained in the talc products of the company. The lawsuits had been put on hold because of the company’s bankruptcy. However, they can restart after the default has been thrown out.
J&J has discontinued selling talc-based Baby Powder in favour of cornstarch-based products. The reason is an increase in lawsuits and “misinformation” regarding the safety of the talc-based product.
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