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Federal Judge in NJ Tosses Out J&J’s $223 Million Talc Jury Award

A new trial is ordered after of the allowance of "junk science" during testimony.

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By: Christine Esposito

Editor-in-Chief

According to reports from several news sources and an Oct. 3, 2023 ruling, a federal appeals court has tossed out the $223 million jury award in a case in which New Jersey residents claimed they developed cancer from using Johnson & Johnson’s talc-based products.

The Superior Court of New Jersey’s appellate division ruled that the Superior Court in Middlesex County should not have allowed jurors to hear improper scientific testimony linking J&J’s products to the cancers. According to the panel, plaintiff experts did not explain facts or methods used to support their position.

“The Appellate Division’s decision in Barden resoundingly rejects – again – the “junk science” advanced by purported “experts” paid by the mass tort asbestos bar. This marks the third time in three years that an appellate court has overturned outsized verdicts that asbestos lawyers secured by confusing and misleading juries with unscientific opinions touting baseless liability theories. The decision appropriately strikes a blow to the heart of the asbestos bar’s improper strategy and its meritless talc litigation,” said Erik Haas, Worldwide Vice President of Litigation, Johnson & Johnson, in a statement. “We deeply sympathize with anyone suffering from cancer, which is why the facts are so important.”

A new trial has been ordered.

J&J has a dedicated website on its position and the “science supporting the safety” of our products.

You can read the full decision in the October 3 ruling here.

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