Wednesday, September 21, 2016

TALC AND THE COURTS

What can I say?  I miss her

Here is an article that many of you won’t like.  It was written by a blogger who happens to be an attorney heavily involved in tort cases concerning the medical profession.  The specifics in this case concern lawsuits directed at Johnson & Johnson over talc and its relationship to ovarian cancer.  He seems to be somewhat skeptical of the way some courts have handled these suits.  His opinion seems to be that the role of the court should be that of “gatekeeper”; that is, they should determine which scientific evidence carries the presumption of validity – is based on experiments conforming to the accepted standards of the discipline.  This would seem to be a tall order for an elderly lawyer turned judge who flunked biology 101, but must be oerformed to prevent the jury (ALL of whom flunked biology 101) from tearing the defending party (often a hate worthy big corporation) into little pieces unjustifiably.  My take on this:

1)      Stop using talc, right now.  I suspect that it contributes to ovarian cancer, but I’m not sure – so don’t take the chance.
2)      If a company has reasonably good evidence that its product is harmful it should stop selling it and run an honest experiment to find out if and why.
3)      If a company knows that its product is harmful but does nothing about it, it should be sued out of existence and its CEO and Board tossed in jail.
4)      If a company sells a product (e.g., asbestos) in good faith, it should not be driven out of existence if, at a later date, harm is detected.  See Johns Manville as a case study.
5)      If I had it to do over again I would, of course, study cancer biology and go into research.  However, I would be sorely tempted to acquire both an M.D and a J.D.  Imagine trying a medical case with yourself as an expert witness!  Such people exist; all are rich and only die when they crash their Aston Martins into a bridge.



4 comments:

  1. The latest on J&J and the courts

    https://www.drugwatch.com/2016/10/31/jj-70m-talc-ovarian-cancer-loss/

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  2. More on talc and OVCA. Just because a company is big doesn't mean it's evil. Necessarily.

    http://www.latimes.com/business/hiltzik/la-fi-hiltzik-talc-cancer-20170707-story.html

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  3. More on talc. This is getting tedious.

    http://www.npr.org/sections/health-shots/2017/08/22/545314093/-417-million-awarded-in-suit-linking-johnson-johnson-baby-powder-to-cancer

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  4. I suspect that what is reported here will continue to occur for a long time. Synopsis: Woman uses talc. Woman contracts ovarian cancer. Woman sues Johnson & Johnson for a sum that seems enormous to us, but in reality is mere pocket change to J&J. Jury sides with sick woman, against “evil corporation”, despite totally inconclusive evidence of talc/OVCA cause-and-effect. Judge tosses verdict for one of many reasons, but mainly to get out of the firing line. Lawyers get rich, nobody else benefits. Crappy state of affairs

    http://wsau.com/news/articles/2018/jun/30/missouri-appeals-court-tosses-55-million-jj-talc-powder-verdict/

    ReplyDelete