Johnson & Johnson (J&J) has filed lawsuits against four doctors who published studies linking talc-based personal care products to cancer, escalating the company's battle against what it claims are inaccurate scientific studies.
J&J's subsidiary LTL Management, which took on the company's talc liability in a controversial 2021 spinoff, recently filed a lawsuit in a New Jersey federal court. The lawsuit seeks to compel three researchers to retract or issue corrections regarding a study that suggested asbestos-contaminated talc products could cause mesothelioma in some patients.
One of the researchers, Richard Kradin, chose not to comment, while the other two, Theresa Emory and John Maddox, did not respond to requests for comment. Lawyers who previously represented the three researchers in similar litigation also declined to comment.
J&J faces over 38,000 lawsuits alleging that its talc products, including Baby Powder, were contaminated with asbestos and caused cancers like ovarian cancer and mesothelioma. The company is seeking to resolve these lawsuits, as well as any future talc-related litigation, through an $8.9 billion settlement in bankruptcy court.
J&J maintains that its talc products are safe and asbestos-free. In light of increasing lawsuits and "misinformation" about the safety of talc products, the company has stopped selling talc-based Baby Powder and shifted to cornstarch-based alternatives.
The lawsuits against the doctors claim product disparagement and fraud, among other allegations. They contend that the researchers concealed the fact that some or all of the patients involved in their studies had been exposed to asbestos from other sources. Additionally, LTL is seeking to compel the researchers to disclose the identities of the patients.
Legal experts have noted that it is uncommon for companies to sue researchers whose work they disagree with. While it may be challenging for LTL to prove intentional harm to J&J's reputation, the lawsuits could serve as a deterrent to other researchers and allow J&J to regain control of the talc safety narrative.
The lawsuits against Emory, Maddox, and Kradin come after a similar complaint was filed in May against Jacqueline Moline, a doctor at Northwell Health in New York. Moline's 2019 study focused on 33 patients who claimed their sole asbestos exposure came from talc products. Emory, Kradin, and Maddox subsequently conducted a 2020 study involving 75 similar patients.
All four doctors have provided expert testimony in lawsuits against J&J, and their research has been cited in cases where they did not testify, according to the complaints.
J&J's talc-related legal battles have seen mixed results, including both defence wins and a $2.1 billion verdict awarded to 22 women who attributed their ovarian cancer to asbestos in the company's talc products. The company revealed in bankruptcy court filings in April that it has spent approximately $4.5 billion on talc-related verdicts, settlements, and legal fees.
The recent lawsuits against the doctors mark a continuation of LTL's legal actions. Similar complaints were filed in December 2022 but were dismissed along with the rest of the bankruptcy proceedings in April.
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