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Judge questions expert causation in J&J talc ovarian cancer cases
The ruling puts pressure on about 69,000 consolidated plaintiffs to show admissible evidence that talc use specifically caused their ovarian cancer, or face dismissal.
A federal magistrate judge in New Jersey cast doubt on claims in consolidated ovarian cancer lawsuits involving Johnson & Johnson’s talc products, including its JNJ.N baby powder, telling plaintiffs they must provide more specific evidence of causation to avoid dismissal.
In an order issued July 22, U.S. Magistrate Judge Rukhsanah Singh said testimony from two plaintiffs’ experts in May, tied to six bellwether trials, raised questions about whether any plaintiff could offer admissible court evidence that talcum powder use specifically caused her ovarian cancer.
The decision was part of the court’s use of bellwether trials to evaluate the value of remaining claims and inform settlement discussions. J&J denied the allegations, saying talc is safe and does not contain asbestos, and it called the ruling a step toward complete dismissal.
The judge said the uncertainty would not trigger instant dismissal, and ordered plaintiffs to respond by November 19, explaining why their cases should not be dismissed for failing to provide admissible expert opinions linking J&J talc to their specific cancers. The case also continues beyond federal court, with J&J having won some recent state trials while juries have returned large verdicts in others.