On Wednesday, August 5, 2020, a New Jersey appellate court revived two lawsuits from women who claimed Johnson & Johnson’s signature Baby Powder caused their ovarian cancer.
The decision is a major victory for the Plaintiffs in the ongoing litigation, and one secured with the help of Ashcraft & Gerel, LLP Senior Partner Michelle Parfitt. As a leading voice in the talcum powder lawsuits against Johnson & Johnson, Ms. Parfitt had put on one of the two world-renowned epidemiologists whose testimony was tossed by the trial court judge four years ago.
Though Ms. Parfitt made a world-class epidemiologic case with supporting witnesses, she presented to a trial court that had seemingly made up its mind. This time, the appellate court sided with our arguments, and completely reversed the lower court’s decision, remanding the cases for trial without further expert review.
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As noted in its ruling, the three-judge panel criticized the actions of Atlantic County Judge Nelson C. Johnson, who they say erroneously denied expert testimony in support of the Plaintiffs’ claims.
“We conclude, contrary to the trial judge, that the experts’ opinions were indeed based on sound methodology applied to data upon which experts in their field may reasonably rely.
We are satisfied that the Plaintiffs’ experts adhered to methodologies generally followed by experts in the field, and relied upon studies and information generally considered an acceptable basis for inclusion in the formulation of expert opinions. Suppression of their testimony was an abuse of discretion.”
The decision is a major victory for the hundreds of women whose claims have been stagnated in New Jersey State Court and will allow their voices to be heard. It’s also no small achievement to obtain a unanimous finding against a corporation as large and powerful as J&J, which is headquartered in New Jersey.
Our firm congratulates Partner Parfitt and all the attorneys and law firms whose team efforts have contributed to this success. Ashcraft & Gerel will continue to work tirelessly to see this effort through and pursue the justice Plaintiffs deserve.
Learn more about talcum powerful lawsuits and the work our firm is doing on behalf of women and families across the DMV region. To discuss a potential case and your legal options, call or contact us online for a FREE consultation.