New Jersey Supreme Court Allows Talcum Powder Cancer Lawsuit to Proceed

The New Jersey state supreme court recently allowed a pair of talcum powder cancer lawsuits to proceed to trial. A lower court had overturned another judge’s decision to toss out the matter and effectively rule in favor of the defendant, Johnson & Johnson. Pharmaceutical and cosmetics giant Johnson & Johnson had petitioned the state’s highest court to review the case’s revival after New Jersey’s Appellate Division ruled in August that a lower Superior Court judge had improperly tossed the two cases after determining that plaintiffs’ expert witnesses were not credible.

“The trial judge was called upon to assess whether the opinions were the product of reliable data and employed methodologies accepted by the scientific community,” the three-judge Appellate Division panel wrote. “Instead, he selected defendants’ scientific methodologies over plaintiffs’, a process well beyond the gatekeeping function, and which resulted in an abuse of discretion.”

According to one of the two talcum powder cancer lawsuits, filed in 2014 in Atlantic County Superior Court, the victims developed ovarian cancer from years of using Johnson & Johnson’s talc-based Baby Powder. Other similar lawsuits filed against Johnson & Johnson claim that the company knew for decades about possible links between long term use of its talcum powder cosmetics products and women developing ovarian cancer and other serious forms of cancer.

Johnson & Johnson faces an estimated 22,000 talcum powder cancer lawsuits in state and federal courts across the country, with many alleging that the company’s Baby Powder and Shower to Shower products were contaminated with the deadly carcinogen asbestos. Both asbestos and talc are naturally occurring minerals that can be found side by side one another, which makes it all the more important for companies mining and processing talc to ensure there is no cross contamination and to inform consumers about such risks.

Exposure to asbestos is directly linked to developing mesothelioma, a rare and deadly form of cancer that commonly affects the thin linings of tissue surrounding vital organs such as the lungs and heart, as well as the abdominal cavity, before spreading other parts of the body. Unfortunately, because of the 20-to-50-year latency period before a diagnosis is made, many patients are left with diminished treatment options to fight the disease and are often left with just months to live before they succumb to the disease. Although nothing can undo the harm of a mesothelioma cancer diagnosis, the law gives victims and surviving family members the right to hold wrongdoers accountable in a court of law and seek damages for the harm they have suffered.

Nationwide Mesothelioma Lawyer

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.