J&J loses mistrial bid in talc mesothelioma trial

5 Apr 2018 by under Legal

640px Talc mutnikSVK01 100x100 J&J loses mistrial bid in talc mesothelioma trialA New Jersey Superior Court Judge rejected Johnson & Johnson’s bid for a mistrial in a case brought by a man who claims the company’s talcum powder products contain asbestos and contributed to his developing . The consumer health care giant argued that the plaintiff’s attorney spoke out of turn during closing arguments when he said that Johnson & Johnson withheld information from and essentially lied to the Food and Drug Administration (FDA).

Judge Ana C. Viscomi heard the argument while the jury was not present, and concluded that there was no basis for granting a mistrial. In light of the evidence, she said, the lawyer’s remarks were “fair comment.”

The trial involves the case of Stephen Lanzo III, who sued Johnson & Johnson over claims that his decades-long, daily use of the company’s talc-containing products like Johnson’s Baby Powder, caused him to develop a rare and deadly form of lung cancer called malignant mesothelioma. The disease is caused by exposure to asbestos, a fibrous mineral that is found naturally in talc.

Johnson & Johnson argued that it conducted tests on the talc used in its products, but no asbestos was detected. Lanzo’s attorneys alleged that the company knowingly conducted tests on its talc that were too lax to pick up on trace amounts of the carcinogenic mineral. And that regular exposure to even small amounts of asbestos can be toxic, as in Lanzo’s case.

Lanzo’s is the second trial accusing Johnson & Johnson of not revealing to consumers that it’s talc-containing products contained asbestos, which could pose significant health risks to those exposed to the products. The first trial, the jury found in favor of the defendant.

Source: Law360

Comments are closed.