Asbestos & Mesothelioma Law Blog
A significant legal victory was recently achieved when a federal judge dismissed a lawsuit filed by Johnson & Johnson (J&J) against a mesothelioma researcher. For long, mesothelioma victims have encountered challenges when trying to hold companies liable for their asbestos exposure. Many asbestos companies have defended themselves by challenging scientific evidence. Often, these companies argue that there is no conclusive proof that asbestos exposure causes mesothelioma. They focus on the methods and data and refuse to accept responsibility. Most recently, J&J filed a lawsuit against a mesothelioma scientist whose research suggests that talc-based consumer products can cause cancer. However, the judge dismissed the giant pharmaceutical company’s suit, emphasizing the researcher’s right to free speech. The judge also found no evidence to show that the researcher’s findings were false.
J&J has faced tens of thousands of lawsuits filed by victims of mesothelioma and ovarian cancer who used the company’s talc-based baby powder. The victims blame the talc-based baby powder for their asbestos exposure, which, in turn, caused their illnesses. The claimants argue that J&J failed to adequately warn consumers about the potential dangers associated with their product. In response to the lawsuits against them, J&J has employed several strategies, including creating a subsidiary, LLT Management, that proceeded to file for bankruptcy. The company has also filed lawsuits against researchers, including one prominent mesothelioma researcher, Dr. Jacqueline Moline.
Plaintiffs have presented internal J&J documents describing fears over the company’s talc’s connection to cancer. Despite this, the company still filed lawsuits against several researchers. Johnson & Johnson has not only attacked the researchers’ studies but has also accused one of the researchers, Dr. Jacqueline Moline, of libel, fraud, and false advertising in connection to the paper she published that connects asbestos-containing talcum powder products to mesothelioma.
New York federal judge Georgette Castner dismissed the case against occupational medicine expert Dr. Jacqueline Moline, dealing a blow to J&J’s legal strategy. According to Judge Castner, the researcher had not presented her research as definitive statements of facts but had instead presented it as “tentative scientific conclusions.” The judge noted that the giant pharmaceutical company had failed to identify a statement in the researcher’s study that could be verified as false. The judge also dismissed J&J’s claims that the researcher benefited financially from being an expert witness in asbestos cases. This argument was J&J’s attempt to undermine Dr. Moline’s credibility. Judge Castner pointed out that Dr. Moline had been honest about her work as a litigation expert and had made it clear that the data she used in her research was derived from evidence presented in talc lawsuits.
Judge Castner’s decision supports the idea that scientists must be allowed to conduct and publish their research without worrying about retaliation from big companies. This ruling is vital in ensuring that important public health information can be shared without interference from powerful companies.
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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.