Litigation Update: Latest Talc Developments

In a January 13 decision, New Jersey Superior Court Judge Ana C. Viscomi ruled that Johnson & Johnson CEO Alex Gorsky must take the stand in the punitive damages phase of the trial, which began on January 14 and will determine whether J&J acted “maliciously or in wanton and willful disregard of the plaintiff’s rights”. The jury in the first phase of the trial held in September found that J&J’s baby powder had caused the mesothelioma suffered by the four plaintiffs and awarded them $37.3 in compensatory damages.  J&J had sought to quash the subpoena seeking Gorsky’s testimony, arguing that the CEO did not have any specific knowledge that could be considered relevant. The judge, however, disagreed, stating that Gorsky’s earlier statements indicated he had personal knowledge that would be relevant in the punitive damages phase of the trial.

On January 15, J&J appealed Judge Viscomi’s ruling to the New Jersey Appellate Division seeking a reversal of her decision requiring Gorsky’s testimony. The Appellate Division rejected J&J’s argument, stating that the company “had failed to demonstrate the need for immediate review of the interlocutory order”.  The company indicated after the Appellate Division’s decision that it would seek review of Judge Viscomi’s ruling by the state Supreme Court.

The requirement for Mr. Gorsky to appear at trial is a significant development for the CEO who had previously declined to testify at a Congressional hearing in December to address the safety of his company’s baby powder.

Click on this link for information on Verus’ Mass Tort Services. To contact us, fill out this form or email us at and we will reply immediately.

READ  Monsanto’s campaign against U.S. Right to Know: key themes and documents


Manager of Research Services


As the Manager of Research Services at Verus, Kim uses both historical documents and current analysis to conduct ongoing research into the products and exposure sites for each of the Trusts administered by Verus. MORE

Spread the love

Author: Edward Lott

Edward Lott, Ph.D., M.B.A. is President and Managing Partner of Allentown-based ForLawFirmsOnly Marketing, Inc., a client acquisition company that offers attorneys signed client cases.Ed has been a digital entrepreneur since 1994, having discovered very early the opportunities the Internet offered. After having spent over two decades helping small business owners, Ed joined the staff of ForLawFirmsOnly Marketing as President and Managing Partner, where he is expanding the agency's cutting-edge services.A true marketing futurist, Ed's vast experience working directly with attorneys has given him a unique perspective on law firm marketing not found in many other digital marketing agencies. Ed has reshaped the offerings of ForLawFirmsOnly to focus on growing law firms through a holistic approach to digital marketing evident in the reformulated lead generation processes now in place. He is taking that same holistic approach for small businesses, helping them grow their bottom line.Want to learn more about ForLawFirmsOnly Marketing, our client acquistion services or lead generation programs, or just talk to Ed about his visions for helping your business grow? Call him at 855-943-8736.

Copyright ©2021 Medical Injury Help, ForLawFirmsOnly Marketing, Inc. All Rights Reserved