NEW BRUNSWICK, N.J.,
April 27, 2020 /PRNewswire/ --
Johnson & Johnson ("the Company") (NYSE: JNJ) today announced
that U.S. District Judge Freda L.
Wolfson, chief judge of the District of New Jersey, who is presiding over the federal
multidistrict litigation (MDL) involving claims that Johnson's Baby
Powder causes ovarian cancer, decided that certain plaintiff expert
witnesses did not present scientifically sound evidence to support
aspects of their opinions and therefore cannot present these
theories before a jury.
The Company is pleased the decision did not limit the testimony
of any of the Company's expert witnesses despite efforts by
plaintiffs' lawyers to do so. Further, the Company is pleased that
plaintiffs will have significant restrictions on what theories its
experts can present before the jury. Importantly, Judge Wolfson
limited the testimony of plaintiffs' asbestos testing expert, Dr.
William Longo, and held that another
expert, Dr. Ghassen Saed, cannot
testify that his experiments showed that talc can cause ovarian
cancer.
The Daubert decision is not a determination by the court
on the validity of the plaintiff's allegations. Johnson &
Johnson will continue to defend these lawsuits at trial, and
plaintiffs must meet their burden of proof, including both general
and specific causation, at any trial that may be scheduled. The
Company is prepared to shine a light on the flaws in plaintiff
experts' opinions in front of juries, just as it has in state court
cases.
SPECIFICS OF DAUBERT RULING
Among other findings, the opinion states that:
- According to Judge Wolfson, plaintiffs' key biology expert Dr.
Ghassen Saed's opinion that "the use
of talc causes ovarian cancer" is "unsupported by the findings of
his study" and is an "unreliable" conclusion.
- Plaintiffs' asbestos testing expert, Dr. William Longo, cannot testify about the results
of his polarized light microscopy (PLM) due to "real reliability
and reproducibility issues plaguing Dr. Longo's PLM testing."
- Dr. Longo cannot testify that women who used talcum powder were
exposed to "significant" amounts of asbestos because he "fails to
offer any scientific support for his opinion that the use of
Defendants' talc products causes exposure, let alone significant
exposure, to asbestos."
- Plaintiffs cannot put before a jury their theory that
inhalation of talc can cause ovarian cancer, due to the "scant" or
"very little support" offered by plaintiffs' experts for that
theory.
ADDITIONAL INFORMATION
All verdicts against the Company that have been through the
appeals process have been overturned. In addition, the most recent
published cohort study, published in the Journal of the American
Medical Association, pooled a number of high-level
epidemiological studies and found no statistically significant
increased risk of ovarian cancer with talc use.
Johnson & Johnson understands the talc litigation has caused
confusion and concern about the safety of Johnson's Baby Powder and
is committed to ensuring the facts about talc are understood.
Johnson's Baby Powder has been a trusted product for more than 100
years, and decades of independent scientific evaluations have
repeatedly confirmed that Johnson's Baby Powder does not cause
cancer. Not a single professional organization or regulator has
concluded that there is scientific evidence supporting the
plaintiff claim of causation between talc and ovarian cancer.
We invite you to learn more about the science and safety of our
talc at: https://www.factsabouttalc.com.
About Johnson & Johnson
At Johnson & Johnson,
we believe good health is the foundation of vibrant lives, thriving
communities and forward progress. That's why for more than 130
years, we have aimed to keep people well at every age and every
stage of life. Today, as the world's largest and most broadly-based
healthcare company, we are committed to using our reach and size
for good. We strive to improve access and affordability, create
healthier communities, and put a healthy mind, body and environment
within reach of everyone, everywhere. We are blending our heart,
science and ingenuity to profoundly change the trajectory of health
for humanity. Learn more at www.jnj.com. Follow us at
@jnjglobalhealth.
Cautions Concerning Forward-Looking Statements
This press release contains "forward-looking statements" as
defined in the Private Securities Litigation Reform Act of 1995
regarding the Daubert decision. The reader is cautioned not to rely
on these forward-looking statements. The information contained in
this press release is for informational purposes only and should
not be construed as a commitment by the Company to engage in any
specific strategy or course of action. Although the Company plans
to vigorously defend itself against allegations raised in the
federal multidistrict litigation, due to the inherent uncertainty
of litigation, the Company cannot predict the timing, ultimate
outcome or financial impact of this matter, or any other ongoing or
future litigation. The forward-looking statements in this press
release are based on current expectations of future events. If
underlying assumptions prove inaccurate or known or unknown risks
or uncertainties materialize, actual results could vary materially
from the expectations and projections of the Janssen Pharmaceutical
Companies and/or Johnson & Johnson. Risks and
uncertainties include, but are not limited to: significant adverse
litigation or government action, including related to product
liability claims; risks related to the impact of the COVID-19
global pandemic; economic factors, such as interest rate and
currency exchange rate fluctuations; competition, including
technological advances, new products and patents attained by
competitors; challenges inherent in new product research and
development, including uncertainty of clinical success and
obtaining regulatory approvals; uncertainty of commercial success
for new and existing products; challenges to patents; the impact of
patent expirations; the ability of the company to successfully
execute strategic plans; the impact of business combinations and
divestitures; manufacturing difficulties or delays, internally or
within the supply chain; product efficacy or safety concerns
resulting in product recalls or regulatory action; changes to
applicable laws and regulations, including tax laws and global
health care reforms; trends toward health care cost containment;
changes in behavior and spending patterns of purchasers of health
care products and services; financial instability of international
economies and legal systems and sovereign risk; increased scrutiny
of the health care industry by government agencies. A further list
and descriptions of these risks, uncertainties and other factors
can be found in Johnson & Johnson's Annual Report on
Form 10-K for the fiscal year ended December 29, 2019,
including in the sections captioned "Cautionary Note Regarding
Forward-Looking Statements" and "Item 1A. Risk Factors," in the
company's most recently filed Quarterly Report on Form 10-Q and in
the company's subsequent filings with the Securities and
Exchange Commission. Copies of these filings are available online
at www.sec.gov, www.jnj.com or on request
from Johnson & Johnson. Any forward-looking statement made
in this release speaks only as of the date of this release. Neither
the Janssen Pharmaceutical Companies nor Johnson &
Johnson undertakes to update any forward-looking statement as
a result of new information or future events or developments. The
Company expressly disclaims all liability in respect to actions
taken or not taken based on any or all the contents of this press
release.
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SOURCE Johnson & Johnson