J&J Opposes Spoliation Of Evidence Claim In Talcum MDL

J&J Opposes Spoliation Of Evidence Claim In Talcum MDL

Introduction

Talcum powder giant Johnson & Johnson (J&J) and its subsidiary Johnson & Johnson Consumer Inc. filed a response over the Plaintiffs’ Steering Committee's (PSC) motion to add a spoliation of evidence claim to the First Amended Master Long Form Complaint.

According to the January 12 opposition brief, the defendants argued that it's untimely for the plaintiffs to add the claim four years after the first Amended Master Long Form Complaint was filed. The defendants further added that the court had issued rulings on the admissibility of expert witness testimony eight months back, clearing the way for individual bellwether cases to proceed for the trial.

The motion to amend the Master Complaint was filed in December by the PSC. The motion noted that J&J failed to preserve samples of talc tested for asbestos and documents linked to industrial talc products and other illnesses. J&J was also alleged of destroying documents linked to a talc mine and its baby powder.

The lawsuits over talc-based products are growing in numbers, each alleging that the users were exposed to talc and asbestos particles present in the products, which resulted in ovarian cancer and other injuries.

The result of the bellwether trials will not hold an obligation on other cases, and the company is facing immense pressure to negotiate a settlement as the company has not established that it can strongly defend its conduct at trial.

J&J is currently facing more than 20,000 Baby Powder and Shower-to-Shower lawsuits and has been paying in millions to resolve them. Last year the company stopped selling its talcum-based products in the U.S. and Canada, claiming declined consumer demand and misinformation about the safety of the products.