ST. LOUIS – A noted oncologist told a jury in the 22nd Judicial Circuit of Missouri on June 26 that the female plaintiffs who are suing Baby Powder maker Johnson & Johnson for ovarian cancer they allegedly contracted from using the product got the disease from exposure to asbestos.
Coverage of the trial is being streamed courtesy of Courtroom View Network.
“Is it your opinion that in light of her situation, the asbestos directly contributed to cause her ovarian cancer?” Mark Lanier asked Dr. Dean Felsher, a noted oncologist who has a cancer-research laboratory named for him at Stanford University.
“Yes,” Felsher answered in response to the question about Krystal Kim, 52, of Pennsylvania, one of the plaintiffs.
Lanier, the attorney for the plaintiffs, is representing 22 women in their suit over allegations that the Johnson & Johnson Baby Powder they used for years contained asbestos and exposed them to a risk of ovarian cancer. In the months since the suit was originally filed, six of the women have died.
Felsher was called by Lanier to testify as an expert witness to explain the nature of asbestos, a mined mineral that becomes deadly after it enters the human body either by inhaling its fibers or through the vaginal region applied as a powder. Exposure to asbestos can take up to 30 years to develop into cancer.
“Do you teach about cancer?” Lanier asked.
“Absolutely,” Felsher responded.
Felsher told the jury that cancer has to start with something.
“Cancer is not a normal biology,” he said, comparing it to a match that ignites a fire.
“It’s an abnormal process in the body where DNA is damaged,” Felsher said. “Something goes wrong with the cells. There is a progression when a single cell enables it (cell mutation) to keep going.”
Another analogy Felsher agreed to is that cancer growth is like a fire where the fire trucks don’t arrive.
Lanier asked what happens when cancer interrupts DNA in the body.
“DNA is the code,” Felsher said. “It maps our proteins. But what happens if the code changes, it’s mutated, or broken? You break the (DNA) chain. What happens if you take a piece of the chain and delete it - remove it?
"I’ve just described three of the most common mutations in cancer,” he added.
Use of alcohol and tobacco do not appear to increase the risk of ovarian cancer, although obesity is a possible cause, he said.
Felsher studied the cases of the 22 women, conducting personal interviews with them or talking to relatives of those who had died.
Lanier had Felsher comment on the family background profiles of several of the women. On each, Felsher commented on the cancer risk from possible sources other than powder talc, for example, a past family history of cancer. Also noted were positive findings in the personal histories of the women, for example breastfeeding a child, which lessens the danger of ovarian cancer.
Lanier asked if Pam Scarping, a plaintiff who had been exposed to talc powder as a baby and had used the product for 26 years, had contracted ovarian cancer from asbestos exposure.
“Yes,” Felsher said.
Felsher agreed asbestos caused ovarian cancer in Toni Roberts, another plaintiff.
Johanna Goldman of Palm Springs, 41, also a plaintiff, died from the disease in July 2017. Felsher had not talked to her before her death, but questioned her husband Laine.
Going over the woman’s family health and fact sheet, Felsher said Goldman had suffered an aggressive form of ovarian cancer. The fact she had breastfed a child previously was considered a plus that lessened the risk of the disease, but her past family history of breast cancer was a minus.
She had also tested negative for the BRCA gene, a human gene that can mutate and cause ovarian cancer.
“That helps,” Felsher said.
“Did asbestos cause ovarian cancer in Johanna Goldman?” Lanier asked.
“Yes,” Felsher answered.
Under cross-examination, Morton Dubin of Orrick, Herrington & Sutcliffe, the attorney for Johnson & Johnson, said risk factors for ovarian cancer could come from a number of sources in addition to asbestos, including family and reproductive history, exposure to hormone-related therapeutics, genetics and age.
“You were not a treating physician for the plaintiffs in this case?” Dubin asked.
“Correct,” Felsher answered.
“You’re not here as an expert on whether there is asbestos in talcum powder?” Dubin asked.
“I’m assuming there is,” Felsher replied.
Dubin asked whether errors and mutations could happen in the human body without the influence of asbestos.
“That’s too general a question for me to answer yes or no,” Felsher said.
“Can you have DNA errors that happen during the normal process of cell replication?” Dubin asked.
“Yes, but they’re repaired,” Felsher said.
“A number of plaintiffs tested positive for the BRCA gene,” Dubin said.
“Correct,” Felsher said.
“A number of other genes are associated with ovarian cancer, correct?" Dubin asked.
“I would agree,” Felsher said.
“Have you ever told a patient, other than the individuals here (plaintiffs), that you knew the cause of their ovarian cancer?” Dubin asked.
“I have told patients the potential causes,” Felsher answered.
Under return examination, Lanier asked Felsher if the issue was more complicated than the simple yes or no answers to the questions he said Dubin was asking.
"It's much more complicated," Felsher agreed.
“Does the asbestos that’s in the baby powder that shakes out all over people—does it cause ovarian cancer?” Lanier asked.
“Absolutely,” Felsher responded.