Daubert Hearing Over J&J's Talc Lawsuit

Introduction

A Daubert hearing began on Monday in the multidistrict litigation over Johnson & Johnson’s (J&J) talcum based baby powder, claimed of causing ovarian cancer and mesothelioma.

The process aims to ensure that expert witness testimonies are based on sound science. U.S. District Judge Freda Wolfson will hear from eight witnesses, five from the plaintiffs and three from J&J. During the hearing, one witness will testify per day, taking the hearing to the end of this month. Studies and other evidence submitted by the legal teams will also be reviewed. The lawsuits would either be dismissed or would proceed to trial depending upon the outcome of the hearing. The decision on evidence and witnesses can also be appealed, which would delay the overall trial proceedings.

Recently, the U.S. Department of Justice charged the pharmaceutical giant J&J with a criminal probe, stating that the company knew about problems with asbestos in talcum powder products, as well as its health risk to consumers, yet failed to provide any warning.

There are nearly 14,000 Talcum Powder and Shower-to-Shower lawsuits. Lawsuits are consolidated under multidistrict litigation MDL No. 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation. Lawsuits are also pending in a coordinated California proceeding under Judicial Council Coordinated Proceeding No. 4877.

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