Attorneys for plaintiff Anthony Valadez on Monday used an occupational health expert witness to attack a central position of lawyers for Johnson & Johnson, that Valadez’s cancer is so rare it couldn’t have been caused by baby powder.
“There was no asbestos in his (Valadez’s) tissue sample,” said Valadez's attorney Joseph Satterley. “How can you say talc powder caused his mesothelioma?”
“Two reasons,” Dr. David Egilman answered. “Some forms of asbestos like chrysotile causes damage and then is engulfed by macrophages (protective white blood cells) and disappears. The second is that not much (Valadez) tissue was looked at.”
Egilman, a Massachusetts-based clinical professor at Brown University and a frequent plaintiff witness, called chrysotile a “hit and run” toxin.
“It (lack of asbestos in a sample) is not unusual,” Egilman continued, “to not find asbestos fibers in a small sample.”
“Does it mean the cancer is not caused by asbestos?”
“No,” Egilman said.
The trial in the Alameda Superior Court (Oakland) is being streamed live courtesy of Courtroom View Network.
The questioning of the witness on Monday was conducted remotely via an internet hookup and the courtroom emptied evidently due to the transmittable COVID illness of one of the participants.
Egilman said Johnson & Johnson manipulated scientific evidence to government organizations like the Food and Drug Administration (FDA) including the withholding of data to prevent regulation of their talc powder product.
Valadez is suing Johnson & Johnson and other corporations, including retailers Safeway and Target, plus LTL Management Company claiming exposure to talc powder for 23 years between 1998 and 2022 caused his mesothelioma, a rare cancer of the linings of the lungs.
Valadez has pericardial mesothelioma, the rarest of three types of the disease. The other two are pleural and peritoneal mesothelioma.
Johnson & Johnson has faced 40,000 lawsuits across the country in recent years over its talcum powder. It discontinued selling talc worldwide in 2023 in favor of corn starch which scientists claim is safe.
J&J subsidiary LTL, in bankruptcy in New Jersey, proposed to pay approximately $9 billion to settle the litigation. A federal appeals court threw out an earlier attempt by the company to settle claims in bankruptcy and legal actions against the company had been stopped. However, a U.S. bankruptcy court allowed the Alameda proceeding to be held because Valadez is only expected to live a short time. Even if he wins a judgment the bankruptcy proceedings would forestall for the time being any collection of damages.
The outcome of the Alameda trial could impact other plaintiffs coming forward to join a settlement. Plaintiffs have been trying to get the bankruptcy process revoked.
Talc is a mined mineral in which rocks are crushed to make industrial and cosmetic powder. Mines that provided powder for Johnson & Johnson were in Vermont, Italy and later during the early 2000s in China.
Egilman told Satterley he had flown over the mines in a helicopter to see how the mining was performed (both underground and open pit), and had been denied access to the properties. J&J owned the Vermont mine.
Egilman said mesothelioma is almost always caused by exposure to asbestos with radiation exposure a lesser cause.
“I think his (Valadez’s) mesothelioma was caused by his inhaling asbestos in the talc powder that he used,” Egilman said. “Asbestos is a leading cause of mesothelioma. The evidence is that asbestos in the talc reached his pericardium and asbestos is present in only one product that I’m aware of---talc.”
“Should there have been a warning on the bottle?” Satterley asked.
“The policy of Johnson & Johnson should have been followed,” Egilman said. “They told the FDA in 1974 if there was any question about the product they would take it off the market. If not, the next best thing is a warning. You could use corn starch instead.”
Egilman also disputed another defense attorney contention that while industrial talc workers were at higher risk, barbers who use cosmetic talc were not.
“Is it your opinion that barbers are at risk?” Satterley asked.
“Yes,” Egilman responded.
Egilman added that if a substance is already known to be a toxin, a study of every work group (barbers, miners) isn’t necessary.
He said the asbestos in talc powder is inhaled and gets into the body’s lymphatic system where it reaches the linings of the lungs, the heart, abdomen and other organs. He said of the several minerals that make up asbestos chrysotile moves more quickly, able to do damage in a few months.
Asbestos has a latency period and the time from exposure to illness can take decades.
“Was asbestos documented in Johnson & Johnson powder?”
“Yes.”
Satterley exhibited documents from company officials during the late 1960s and 1970s where the officials expressed concern there could be asbestos in the powder and they might be sued.