Two plaintiffs who claim they developed cancer from using talcum powder are seeking to reinstate suits against Johnson & Johnson in a New Jersey state court after the cases were thrown out based on the trial judge’s rejection of their expert testimony.
The appeal said Superior Court Judge Nelson Johnson misapplied the law when he excluded testimony from Graham Colditz and Daniel Cramer. Plaintiffs Diana Balderrama and Brandi Carl argued in briefs that instead of determining whether the experts used sound and established methods to reach their conclusions, the judge assumed a jury’s fact-finding role and based his ruling on personal opinions about the experts’ conclusions.
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