Johnson & Johnson has been in increasingly dire legal straits in recent years as lawsuits continue to pour in from victims claiming that talc-based products caused their cancer.
In recent developments, a J&J subsidiary, LTL Management, has filed a lawsuit in New Jersey federal court against researchers whose studies point to talc products as the cause of mesothelioma.
I’ll tell you more about the recent developments below.
In the meantime, if you or a loved one has been diagnosed with cancer after using a J&J talc-based product, a New York product liability lawyer at Buttafuoco & Associates may be able to help.
To find out whether you have a product liability claim, call 1-800-NOW-HURT or click here to schedule a free consultation.
What the Research in Question Found
To date, over 38,000 lawsuits have been filed against Johnson & Johnson by victims who say their cancer was caused by the company’s talc-based products such as baby powder.
Now, LTL Management, the subsidiary that took on the company’s talc liability in 2021, has asked a New Jersey court to require three researchers to retract or correct studies finding that talc products cause cancer.
LTL’s case rests on the argument that the researchers collected millions of dollars from plaintiffs’ attorneys after making false claims and serving as expert witnesses.
In addition to these three researchers, the company previously filed a lawsuit against a doctor whose study showed similar results. The researchers’ studies looked at over 100 cancer patients who said they had only been exposed to the carcinogen asbestos through talc products.
In spite of decades of studies that resulted in similar findings, J&J continues to insist that its products are safe and do not contain cancer-causing agents.
According to LTL, all four researchers committed fraud and product disparagement by failing to disclose the fact that some study participants had actually been exposed to other sources of asbestos.
Legal Experts Call Lawsuit into Question
Legal experts, product liability attorneys and personal injury lawyers all find the case against the researchers both unexpected and unlikely to be unsuccessful.
First and foremost, it is uncommon for a company to file a lawsuit simply because they disagree with research findings.
In this case in particular, it is also incredibly unlikely that J&J will be able to prove that the researchers committed product disparagement, as they would have to present proof that the scientists intentionally tried to harm the company’s reputation.
Some legal experts see the lawsuit as an aggressive strategy on J&J’s part, intended to dissuade future researchers from looking further into the connection between talc and cancer. It could also be a way for the company to tell an alternate story about talc and redefine how the public and the courts currently see them.
Another aspect of the case that is particularly disturbing to researchers and legal experts alike is the fact that LTL is demanding that the court require patients in the study to reveal their identities. This would leave them open to intense scrutiny on the part of the company.
For researchers, revealing individuals’ private medical information is deeply ethically problematic.
All in all, the case would set a standard for courts silencing scientists.
Did a Dangerous or Defective Product Cause Your Cancer?
If you are concerned that a dangerous product like talc caused your mesothelioma or ovarian cancer, these developments should not necessarily deter you from demanding justice in a court of law. The NYC product liability attorneys at Buttafuoco & Associates law firm have been fighting for victims’ rights in mass tort cases for years.
Mass torts are a reliable way to strengthen product liability claims and resolve it quickly while receiving fair compensation.
To learn more about whether you have a product liability lawsuit, get in touch today.
Call 1-800-NOW-HURT
