On Monday, the U.S. District Judge Freda L. Wolfson issued an opinion, rejecting the efforts made by Johnson & Johnson (J&J) to exclude plaintiffs’ expert witness testimony, allowing more than 17,000 talcum lawsuits to proceed further.
According to the 141-page opinion issued, Judge Wolfson determined that expert opinions offered by plaintiffs are sufficiently reliable and sound. J&J always defended the safety of its widely used talc-based products, arguing that general causation experts should be prevented from testifying at the trial.
Before scheduling the cases for trial, the judge listened to the challenges faced by the parties for the admittance of expert witness testimony under the federal Daubert standard, which requires that the opinions meet an evidentiary standard to ensure they are reliable enough to present to a jury.
Some of the opinions have also been limited that may be presented by the plaintiffs’ experts. Only general causation testimony that the talcum powder can cause cancer based on epidemiological studies will be allowed.