J & J faces crucial hearing on Monday in talc-based baby powder lawsuit



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In this photo, a Johnson baby powder container made by Johnson and Johnson is sitting on a table on July 13, 2018 in San Francisco, California.

Justin Sullivan | Getty Images

Johnson & Johnson will present its arguments for rejecting thousands of lawsuits alleging that its talc-based baby powder would be at the origin of ovarian cancer at a crucial hearing from on Monday.

The company faces more than 14,000 lawsuits in which it claims that its baby powder has caused ovarian cancer and mesothelioma. Before the trial begins, a federal judge determines what evidence can or can not be presented to a jury.

This process, known as the Daubert hearing, is designed to ensure that the testimony of expert witnesses is based on sound scientific evidence. Preliminary proceedings involving approximately 11,000 cases in federal court have been brought together under the supervision of a judge, Judge Freda Wolfson of the United States District Court in Trenton, New Jersey, as they all deal with similar complaints.

J & J challenges the scientific principles of the plaintiffs' witnesses and states that they can not prove that baby powder causes cancer. The company is asking Wolfson to dismiss the 22 plaintiffs' witnesses and close the cases.

Starting Monday, Wolfson will hear eight witnesses, five of the plaintiffs and three of J & J. Wolfson will also review the studies and other evidence presented by the legal teams before deciding what the jury will hear.

The audience marks a crucial moment for J & J. This could provide the company with a possible way to resolve about 11,000 cases – or 79% of all ongoing lawsuits against baby powder.

Until now, J & J has had mixed results in previous talc trials. Last year, a Missouri jury ordered J & J to pay $ 4.69 billion to 22 women who alleged that the company's talc-containing baby powder contained asbestos. and had caused them ovarian cancer.

If Wolfson blocks the complainants' experts, she could dismiss all outstanding cases. If it allows all witnesses to testify, that would allow about 11,000 cases to be judged. It could prevent some people from testifying, possibly changing the lawsuits that are prosecuted and those that are dropped.

"It's a critical phase in a longer process," said Michelle Parfitt, partner at Ashcraft & Gerel and co-director of the plaintiffs' steering committee. "Once the judge has found that the experts are qualified, we can switch to the notice or the order."

It is unclear when the judge could make a decision, although it may take some time for Wolfson to review all the evidence and documents. For the Daubert hearing, a witness will testify every day, which will bring the hearing until the end of the month. If Wolfson authorizes the prosecution, the start date of the lawsuits against J & J will be largely determined by the outcome of the hearing. Wolfson's decision on evidence and witnesses may also be the subject of an appeal, which may further delay trials.

If cases advance, Wolfson will have a great influence on how they proceed. For example, she could send them to their own court or request a trial to test the company and the plaintiffs' arguments, the lawyers said.

Concerns about the company's baby powder, which bears his name, have weighed on the company's iconic image, adapted to families, and the course of its actions.

J & J shares have increased by just under 1% this year. The S & P 500 health care index grew about 6% over the same period.

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