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Many lawyers involved with asbestos litigation recognize the importance of maintaining an awareness of the scientific literature related to genomics in the context of malignant mesothelioma (MM) and lung cancer (LC).
In a previous post, we outlined the positive impact of comprehensive science monitoring Science in The Courtroom: How to best prepare for a Science-Based Controversy.
In this post, we develop that theme and cover some remarkable use cases demonstrating how critical it is to maintain a robust mechanism to protect organizations from the ever-present threat of a science-based controversy. So, lets get into it.
Science plays a central role in many aspects of the corporate structure: legal cases, regulatory affairs, consumer and media outreach programs, and of course medical research and development. As a result it is critical for legal teams to maintain a keen awareness of the science related to their cases.
Johnson and Johnson has recently litigated two cases involving allegations that genital use of its cosmetic talcum powder product causes ovarian cancer. In February 2016, they lost a $72 million verdict to a St. Louis woman who died of ovarian cancer, and more recently they lost a $55 million verdict to a South Dakota woman who blamed her ovarian cancer on genital talc use. In this post we discuss some of the epidemiological studies related to talc and ovarian cancer and then provide some analysis of a short piece of plaintiff expert testimony in a recent talc case. To illustrate, we have embedded video testimony of Dr. Daniel Cramer in the Ristesund case (video footage kindly provided by Courtroom View Connect).
Last week, the FDA finalized a rule which affects e-cigarettes and other products including hookahs, cigars, and pipe tobacco marketed after February 15, 2007. Essentially, most e-cigarette products currently on the market will not be grandfathered in, and will have to go through the FDA approval process retrospectively. Some have expressed concern that the new regulations are too onerous and costly, and will force many small shops and manufacturers out of business.
Last week, another jury verdict ordered Johnson & Johnson (J&J) to pay $55 million in a suit that linked the use of talcum powder to ovarian cancer. This is the second suit of its kind for 2016, and the second loss for J&J. The combined defeat from these two suits brings the awards to a total of $127 million for J&J’s talc cases.
When it comes to litigation involving complex scientific issues, the success of your case is highly dependent on the quality of your testifying experts. Over the past 25 years, we have identified and recruited hundreds of testifying experts for cases of all types, including toxic torts, pharmaceutical and medical device litigation, patent disputes, and consumer fraud actions.
Silicone wristbands are being sold as personal exposure monitors to measure the so-called exposome – i.e., every chemical a person is exposed to over the course of a lifetime. Advances in genomic science are transforming our understanding of lung cancer, differentiating lung cancers in asbestos-exposed patients from lung cancer in asbestos unexposed patients. Genomic information is heavily influencing the types of warnings being made for pharmaceutical products.