Plaintiffs’ lawyers say trial judge misapplied law, excluded expert testimony

NEWARK, N.J. – Attorneys for two women battling ovarian cancer have filed an appeal in the Superior Court of New Jersey, arguing that a trial judge erred when he excluded expert testimony about links between talcum powder and ovarian cancer.

Lawyers for Diana Balderrama and Brandi Carl are asking the appellate court to reverse Atlantic County Judge Nelson C. Johnson’s September 2016 pretrial ruling and dismissal of the lawsuits. Their brief argues that expert testimony should be allowed from Dr. Graham A. Colditz and Dr. Daniel W. Cramer – two of the world’s leading cancer researchers.

The appeal charges that Judge Johnson ignored established New Jersey law. Instead of determining whether the experts used sound and established methodologies to reach their conclusions – as required by New Jersey Law – the judge assumed a jury’s “fact-finder” role and based his ruling on personal opinions of the experts’ conclusions, according to the appellate brief.

“The trial court’s decision to preclude the testimony turns New Jersey’s law of expert admissibility on its head…. The court substituted its own judgment for that of the scientists and usurped the role of the jury by holding what was in effect a bench trial on the issue of causation,” according to the appeal filed by attorneys from the Beasley Allen Law Firm.

The New Jersey lawsuits are among thousands filed across the United States that contend that Johnson & Johnson and talc supplier Imerys Talc America failed to warn women about known ovarian cancer risks associated with genital application of talc products like Johnson & Johnson’s Baby Powder and Shower to Shower.

* * *
For media inquiries, or to schedule an interview with one of our attorneys, please contact:
Helen Taylor, Public Relations Coordinator
Email: helen.taylor@beasleyallen.com
Office: 334-495-1169
Mobile: 334-201-2311



We're here to help!

We live by our creed of "helping those who need it most" and have helped thousands of clients get the justice they desperately needed and deserved. If you feel you have a case or just have questions please contact us for a free consultation. There is no risk and no fees unless we win for you.

Fields marked    may be required for submission.
  1. I'm an attorney

Lady Justice In A Cloud of Powder

Missouri judge upholds $110 million talc verdict

After a review of post-trial evidence, Judge Rex M. Burlison of the 22nd Judicial Circuit Court has...

New warning labels were evidence in $417 million...

Other talcum powder products now warn women about the danger of genital use. Johnson & Johnson has...
Lady Justice In A Cloud of Powder

Los Angeles jury links talc to ovarian cancer,...

A Los Angeles jury awarded plaintiff Eva Echeverria $417 million, finding Johnson & Johnson talcum...
Lady Justice In A Cloud of Powder

Talcum powder ovarian cancer trial begins in St. Louis

The sixth talc trial against Johnson & Johnson in City of St. Louis Circuit Court started this week....
Lady Justice In A Cloud of Powder

St. Louis jury returns $110 million verdict in trial...

A jury has awarded more than $110 million to a Virginia woman who claimed that decades of daily use of...
Tell The Talc Truth!

Critical documents expose talc link to ovarian cancer

During their investigation of talc cases, Plaintiffs’ lawyers uncovered a decades-long cover-up by...

A positive manner

Several years ago my brother and sister -in-law were in a terrible car accident. My sister in-law was paralyzed from her neck down. Beasley Allen handled the case for my brother to see to it that my sister-in-law received the proper and necessary care she needed. I appreciate the attorneys and staff of Beasley Allen in handling this matter quickly and in a positive manner. Good job Beasley Allen!!

—Joan