J&J's $223 Million Talc Verdict Overturned Due to 'Junk Science' Testimony

A federal appeals court, in a ruling on October 3, 2023, overturned a $223 million jury verdict against Johnson & Johnson (J&J) and ordered a new trial. The decision stemmed from the inclusion of "improper scientific testimony" connecting J&J's talc-based products to cancer, which was presented to the jurors. The appeals panel of three judges noted that the lower court failed to carry out its "gatekeeping role" in evaluating whether the plaintiffs' experts based their testimonies on sound science.

The three-judge appeals panel reportedly wrote that the lower court failed to fulfill its 'gatekeeping role' of assessing whether the plaintiffs’ experts based their testimony on sound science.

This development followed a July 2023 case in which J&J was directed to pay $18.8 million to Anthony Hernandez Valadez, who alleged that the company's talc-based baby powder had exposed him to asbestos and caused his mesothelioma. J&J argued that the verdict was founded on "erroneous" rulings by the judge that prevented them from presenting evidence that Valadez's unique form of mesothelioma was not linked to the baby powder.

Erik Haas, the worldwide VP of litigation at J&J, emphasized that "the verdict is irreconcilable with the decades of independent scientific evaluations confirming Johnson’s Baby Powder is safe, does not contain asbestos and does not cause cancer."

Additionally, J&J is suing four doctors who published studies associating talc-based personal care products with cancer, claiming they propagated "junk science." The company has requested the court to compel these researchers to retract or issue corrections on their studies.

J&J Talc

In response, Dr. Jacqueline Moline, one of the defendants, asked the court in September 2023 to dismiss J&J's lawsuit against her, asserting that her research is sound and protected by free speech rights.

In a related matter, the J&J entity LTL management, which had twice filed for bankruptcy unsuccessfully, is seeking a reduction of its mandated payout by around $27 million in fees requested by legal professionals and other experts involved in the lawsuits, as reported by Law360.