Two different talcum powder lawsuits against Johnson & Johnson have been tossed by a New Jersey judge recently.
Two women have alleged in separate claims that baby powder manufactured by Johnson & Johnson caused them each to develop ovarian cancer.
The judge in the cases, however, decided that their experts did not offer enough scientific proof.
Plaintiffs Brandi C. and Diana B.’s talcum powder lawsuitscalled Dr. Graham Colditz and Dr. Daniel Cramer to testify as to the connection between talcum powder and ovarian cancer.
Atlantic County Judge Nelson C. Johnson granted the summary judgment request made by Johnson & Johnson ruling that the evidence presented was narrow and shallow.
The judge noted that while the doctors were qualified, none of the witnesses attempted to explain how talc in the ovaries actually causes cancer.
Judge: Experts’ Testimony Doesn’t Support Talcum Powder Lawsuits
Judge Johnson said, “Though both plaintiffs’ experts are eminently qualified, their areas of scientific inquiry, reasoning, and methodology are slanted away from objective science and towards advocacy.”
He also went on to say that “It is the court’s conclusion that the opinions expressed by plaintiffs’ experts fail to demonstrate ‘that the data or information used were soundly and reliably generated and are of a type reasonably relied upon by comparable experts.’ ”
Johnson & Johnson and another talc producer, Imerys Talc America, contended that the plaintiff’s theories as to why talc powder causes cancer were flawed and that the experts did not provide any scientific evidence.
The judge agreed and noted that the doctor’s “impressive credentials” did not make up for the fact that the research wasn’t sound enough.
The main witness issues in both cases were that they confined their evidence and analysis to smaller studies, which can open the door to bias.
Also, according to Johnson & Johnson, the doctors failed to look at other fields of study in their testimony.
For example, they ignored laboratory studies on the biology of cancer and on talc. The doctors also did not address the risk factors for ovarian cancer that both of the plaintiffs had.
The judge noted that the doctors’ expert testimony in both cases rested on the inflammation factor. Allegedly, talcum powder irritates ovarian cells and causes inflammation. This in turn leads to cancer.
In the two talcum powder lawsuits, the doctors admitted that inflammation was not present in either of the plaintiffs.
Judge Nelson said, “As these proceedings drew to a close, two words reverberated in the court’s thinking: ‘narrow and shallow.’ It was almost as if counsel and the expert witnesses were saying, Look at this, and forget everything else science has to teach us.”
The Talcum Powder Lawsuits are Case No. ATL-L-6546-14, and Case No. ALT-L-6540-14, in the Superior Court of New Jersey Law Division, Atlantic County.
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