ST. LOUIS – An expert witness called by the lawyer for 22 women suing baby powder maker Johnson & Johnson for allegedly causing their ovarian cancer agreed that asbestos can cause the disease.
“If talc (powder) is laced with asbestos, do you have any reason, scientifically or medically, to think the asbestos would not be carried along with the talc?” asked Mark Lanier, attorney for the plaintiffs.
“No,” Dr. Jacqueline Moline, a witness called by Lanier, told a jury in the 22nd Judicial Circuit of Missouri during testimony on June 25. “Studies have shown asbestos has been found in ovaries as well.”
The trial coverage is being streamed courtesy of Courtroom View Network.
Moline, a New York resident and an occupational medical specialist, is an expert on occupational exposure to asbestos. She testified on behalf of the plaintiffs in a filmed deposition. She was unable to attend the trial held in the St. Louis court in person because of injuries sustained in a car accident that had prevented her traveling.
The testimony of plaintiffs in the case concluded a week before Moline testified, and attorneys for the plaintiffs and the defendant Johnson & Johnson began calling its own medical expert witnesses to argue whether the asbestos allegedly contained in its talc powder products caused the plaintiffs to develop ovarian cancer.
Of the 22 original women plaintiffs who filed suit against J&J, six have since died from the disease.
“We hired you. We are paying you your typical fee for litigation work,” Lanier said.
“Correct,” Moline answered.
Moline said she had put in about 30 hours of work plus 25 hours of personal work on the case at a pay rate of $550 per hour.
Jobs long associated with asbestos exposure include the construction industries such as electronics and shipyard work. The substance was also used as a building material in homes, particularly those built before 1980, including floor tiles, shingles and siding.
“Let’s start with the big questions, what is asbestos?” Lanier asked.
“A naturally occurring mineral that is mined and used in a variety of applications,” Moline said. “It is also a contaminant of other substances.”
Moline agreed the use of asbestos-laden baby powder could result in exposure.
“If the powder can get into the air - if it can be breathed - there can be exposure,” she said.
She said asbestos exposure could result from the substance being inhaled or applied to the vaginal region as a powder. Once in the body, it can travel to the blood and lymph regions.
Moline said a “latency period,” the length of time from asbestos exposure to developing a disease, can take 30 to 40 years.
“Does asbestos cause ovarian cancer - you have said yes, right?” Lanier asked.
“Yes,” Moline said.
“Are you the only one with this opinion?” Lanier asked.
“No,” Moline responded.
Lanier asked Moline if there was a possibility a mother using the baby powder could breathe in particles and be exposed, even if no powder cloud could be seen, if the mother had returned to use more powder on the baby an hour after the first application.
“Can a dust cloud be in the air even though I don’t see anything?” Lanier asked.
“Yes, absolutely,” Moline answered.