Controversial Mesothelioma Study at Issue in Ovarian Cancer Case
There are tens of thousands of people who’ve filed suit against consumer giant Johnson & Johnson, blaming talc in the company’s products for their ovarian cancer or malignant pleural mesothelioma diagnoses. Though their claims were delayed by the company’s bankruptcy filing, courts have recently begun hearing testimony again, and an issue that’s been raised by J&J is sure to be heard frequently: The company is seeking information on an expert witness’ employees who participated in the preparation of her recently published scientific study.
Mesothelioma Expert Witness Questioned Over Employee Records
For those diagnosed with serious and fatal illnesses like ovarian cancer and mesothelioma, the question of who worked for a researcher seems like a distraction. But as court dates near for victims’ multidistrict litigation, Johnson & Johnson has requested that a subpoena be issued to Northwell Health. The health system employs Dr. Jacqueline Moline, a noted mesothelioma researcher and frequent expert witness in cases involving cosmetic talcum powder.
Johnson & Johnson and its asbestos bankruptcy subsidiary LTL Management have previously filed suit against Dr. Moline over her mesothelioma writing and testimony, and she and her employer have filed objections to the company’s request for subpoena in the upcoming ovarian cancer claims, calling it and other subpoenas “fishing expeditions.”
Talc Company Argues that Subpoena of Mesothelioma Expert’s Records is Justified
While the ovarian cancer victims argue that the difference between mesotelioma and their illness is enough to warrant the subpoena request being rejected, the company claims that victims are relying on the expert witness’ research as a basis for their lawsuits. A company representative said, “Allegations that asbestos is present in cosmetic talc is a central and hotly disputed issue in this litigation.” A decision from the court is expected shortly.
The dispute over Dr. Moline’s research reflects a broader strategy frequently used in high-stakes asbestos and talc litigation: challenging the credibility of scientific evidence rather than addressing the underlying exposure claims. Courts overseeing ovarian cancer and mesothelioma cases must balance defendants’ discovery rights against the risk of intimidating expert witnesses whose findings link asbestos-contaminated talc to serious disease. How the court rules on this subpoena request could influence future expert testimony standards and shape how scientific studies are scrutinized in thousands of pending talc-related cancer lawsuits nationwide.
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