Video Analysis of Dr. Cramer Talc Testimony: Don’t Let Plaintiff (or Defense) Experts Play Fast and Loose with the Science

Posted by David Schwartz on Thu, Jul, 07, 2016

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).

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Seven Reasons the Consulting Expert is More Important Than Ever in Science-Based Litigation

Posted by David Schwartz on Thu, May, 26, 2016

by David H. Schwartz, Ph.D. and Tony B. Klapper, J.D. Tony is the Managing Director for Litigation Consulting and General Counsel for A2L Consulting.

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New FDA Mandate: Increased Scrutiny of E-Cigarette Efficacy and Safety Claims

Posted by Giovanni Ciavarra on Wed, May, 18, 2016

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.

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All Eyes on Talcum Powder Litigation: Genetic and Genomic Data May be Key to Future Cases

Posted by Giovanni Ciavarra on Wed, May, 11, 2016

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.

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10 Highly Sought After Qualities of the Ideal Testifying Expert

Posted by Ted Dunkelberger on Thu, May, 05, 2016

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.

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Understanding Genomic Science Will be Necessary to Prevail in Toxic Tort and Pharmaceutical Litigation

Posted by David Schwartz on Thu, Apr, 28, 2016

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.

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Under Fire: Will Homeopathic Remedies be the Next Consumer Fraud Mass Tort?

Posted by Maria-Elena Gorini on Thu, Mar, 31, 2016

Consumer fraud cases have been on the rise over the last decade, including cosmetics, dietary supplements, over-the-counter (OTC) drugs, among others, and have all been under scrutiny of the courts based on the lack of data supporting marketing claims.

Recently, the evidence supporting the efficacy of homeopathic therapies has come under increased scrutiny, making them a perfect target for consumer fraud.

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BAP1 Genomic Mouse Studies Provide Important Clues to the Cause of Malignant Mesothelioma

Posted by David Schwartz on Thu, Mar, 17, 2016

About five years ago, scientists began trying to explain why different individuals seem to have variable susceptibilities to mesothelioma (i.e., why do some individuals develop cancer when exposed to very low levels of asbestos, while others who have been exposed to very high levels of asbestos do not develop cancer?).

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Ovarian Cancer, Genetic Testing and Talcum Powder Litigation

Posted by Giovanni Ciavarra on Fri, Mar, 04, 2016

This article was authored by Giovanni Ciavarra, PhD and Kirk Hartley, Esq. 

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First Asbestos Genetic Susceptibility (BAP1) Trial Now in the Books

Posted by Maria-Elena Gorini on Thu, Mar, 03, 2016

This article was authored by David Schwartz, PhD and Kirk Hartley, Esq.  This post previously appeared on The Goldberg Segalla Asbestos Case Tracker.

Asbestos litigation has now entered the modern era. Namely, the first case involving testimony related to BAP1 mutations has gone to trial in California: the Ortwein case. The trial involved a 50-year-old woman with pleural mesothelioma, represented by the Kazan firm. The defendant at trial was CertainTeed, a building manufacturer, and the case settled shortly before it would have gone to the jury.

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