Three scientists beat J&J's defamation suit over talc research
Three scientists beat J&J's defamation suit over talc research By Dietrich Knauth
NEW YORK, Aug 21 (Reuters) - A U.S. judge in Virginia has ruled that three researchers did not defame Johnson & Johnson by publishing research linking cosmetic talcum powder products to mesothelioma, a rare form of cancer.
J&J sued Theresa Emory, John Maddox and Richard Kradin, alleging that they defamed the company in a 2020 scientific article.
The article said it reviewed 75 patients who had mesothelioma and had no link to asbestos other than exposure to cosmetic talc products like baby powder.
U.S. District Judge Jamar Walker on Wednesday ruled in favor of the scientists, finding no evidence of "malice" in their article.
The litigation revealed some "mistakes" in the data, but nothing that was obvious or ignored at the time of the study, according to the ruling.
J&J said it would appeal, seeking a trial on its claims that the scientists made false statements about cosmetic talc and asbestos exposure.
The three defendants are doctors who maintain pathology practices, and who have testified as plaintiffs' experts in asbestos litigation.
The scientists' attorney, Liz Lockwood, said that the ruling vindicates her clients and strongly affirms the importance of protecting scientific speech.
J&J has been facing a deluge of litigation over its talc products, and it sued the scientists before agreeing to settle those cases for at least $5.5 billion.
The company showed that eight of the 75 patients in the 2020 study had been included in a 2019 study by another researcher, even though the 2020 study claimed to have an entirely new set of patients. J&J has also sued the scientist who published the 2019 paper.
The researchers were comparing anonymized data sets and information provided by lawyers, making it sometimes difficult to detect duplicates, the ruling said.
(Reporting by Dietrich Knauth; editing by Blake Brittain in Washington)
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