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#149086 - 05/04/12 07:23 PM Lawsuit against Johnson and Johnson
mcohavi Offline
Member

Registered: 02/24/12
Posts: 8
Loc: New York
Hi,

Does anyone know anything about the lawsuit that is pending now against Johnson and Johnson? They are being sued by Oral Cancer Prevention International because Johnson and Johnson tried to stop production of a new device they developed to detect oral cancer. J & J did this because Listerine has been implicated as a cause of oral cancer. My tongue cancer was caused by mouthwash (Listerine), and I would like to get involved. Does anyone know anything about this? Thank you.

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#149093 - 05/04/12 07:54 PM Re: Lawsuit against Johnson and Johnson [Re: mcohavi]
ChristineB Offline
Administrator, Director of Patient Support Services
Patient Advocate (old timer, 2000 posts)

Registered: 06/23/07
Posts: 8207
Loc: PA
I have read about this in the news but it has not been discussed here on this forum. I would suggest you may find info about it by checking out the OC Prevention International website. Usually pending lawsuits do not have very much info available as both sides keep it pretty quiet.
_________________________
Christine
SCC 6/15/07 L chk & by L molar both Stag I, age44
2x cispltn-35 IMRT end 9/27/07, no caregiver
Clear PET 1/08
4/4/08 recur L chk Stag I
surg 4/16/08 clr marg
215 HBO dives
3/09 teeth out, trismus
7/2/09 recur, Stg IV
8/24/09 trach, ND, mandiblctmy
3wks medicly inducd coma
2 mo extended hospital stay, ICU & burn unit
PICC line w/ IV antibiotics 8 mo
10/4/10, 2/14/11 reconst surg
OC 3 times in 3 years
very happy to be alive smile

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#149099 - 05/04/12 09:18 PM Re: Lawsuit against Johnson and Johnson [Re: mcohavi]
Charm2017 Offline
Patient Advocate (old timer, 2000 posts)

Registered: 03/03/08
Posts: 3082
Loc: Alexandria VA
This case was in the OCF news feed last year
J&J lawsuit: listerine I've seen nothing else in the news, but this web site has links to keep you updated. Justia court filings According to it, the lawsuit was stayed and the matter removed to arbitration.
The entire court order is here
J&J suit out of court into arbitration
There is no active court case since the judge's ordered the clerk to terminate the case without prejudice which means it could be reopened
My reading of the pleadings is that the issue of whether or not Listerine can cause oral cancer will not be any part of the litigation but rather the failure to sell OCP's products.
In lawyer talk, its not relevant nor material whether or not Listerine with alcohol causes oral cancer, the issue is whether or not J&J violated its contractual obligations.
it is interesting tho that J&J launched its alcohol free Listerine at that same time.
I feel for you as I believe my daily use (3x a day) of Listerine was a contributing factor although HPV was the primary one. Yet this dismissed lawsuit will not address that issue.
Charm


Edited by Charm2017 (05/04/12 09:41 PM)
Edit Reason: typos
_________________________
65 yr Old Frack
Stage IV BOT T3N2M0 HPV 16+
2007:72GY IMRT(40) 8 ERBITUX No PEG
2008:CANCER BACK Salvage Surgery
25GY-CyberKnife(5) 3 Carboplatin
Apaghia /G button
2012: CANCER BACK -left tonsilar fossa
40GY-CyberKnife(5) 3 Carboplatin

Passed away 4-29-13

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#149100 - 05/04/12 09:43 PM Re: Lawsuit against Johnson and Johnson [Re: ChristineB]
klo Offline
"OCF Down Under"
"Above & Beyond" Member (500+ posts)

Registered: 05/18/10
Posts: 638
Loc: Sydney Australia
Quote:

British Dental Journal 207, E19 (2009) Published online: 28 November 2009 | doi:10.1038/sj.bdj.2009.1014


Subject Categories: Oral cancer | Preventive dentistry

Are alcohol containing mouthwashes safe?
C .W. de A. Werner1 & R. A. Seymour2

Dentists need to be aware that there is a hypothetical risk of the development of oral cancer from repeated use of alcohol containing mouthwashes...

Alcohol (ethanol) is a constituent of many proprietary mouthwashes. Some studies have shown that regular use of such mouthwashes can increase the risk of developing oral cancer. Recently, the evidence has been reviewed by two separate authors. The conclusions from these reviews are conflicting... The evidence suggests that the alcohol component of mouthwashes affords little additional benefit to the other active ingredients in terms of plaque and gingivitis control. In view of this outcome and the hypothetical risk of oral cancer, it would seem prudent that members of the dental team advise their patients accordingly.



The summary of the research above done in 2009 suggests that evidence does not support mouthwash as cause of oral cancer because some studies suggest it does whilst others suggest it doesn't. Until there is a large,strong study that is able to conclusively show one way or the other, we cannot say that mouthwash causes cancer. However, avoidance of alcohol containing mouthwashes might be prudent, NOT because it has been proven to cause cancer but because it adds nothing in terms of benefit to oral hygiene and may still have a part to play when considering the logic.

_________________________
Karen
Love of Life to Alex T4N2M0 SCC Tonsil, BOT, R lymph nodes
Dx March 2010 51yrs. Unresectable. HPV+ve
Tx Chemo x 3+1 cycles(cisplatin,docetaxel,5FU)- complete May 31
Chemoradiation (IMRTx35 + weekly cisplatin)
Finish Aug 27
Return to work 2 years on
3 years out Aug 27 2013 NED smile
Still underweight

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#149198 - 05/07/12 02:21 AM Re: Lawsuit against Johnson and Johnson [Re: ChristineB]
mcohavi Offline
Member

Registered: 02/24/12
Posts: 8
Loc: New York
Thanks. I called them last week but did not hear back. I am going to try again this week. I will post if I find anything out.

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#149199 - 05/07/12 02:24 AM Re: Lawsuit against Johnson and Johnson [Re: mcohavi]
mcohavi Offline
Member

Registered: 02/24/12
Posts: 8
Loc: New York
Thank you Charm and Karen. My cancer is not connected to HPV and I am not a smoker or drinker and I was diagnosed at age 42. All I can say is that ALL of my docs in NYC asked me if I was a long term mouthwash user and they all feel it is a cause of oral cancer. Yes, it would be difficult to prove, but other than mouthwash there is no reason at all that I should have gotten this cancer.

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#149207 - 05/07/12 03:34 AM Re: Lawsuit against Johnson and Johnson [Re: mcohavi]
ChristineB Offline
Administrator, Director of Patient Support Services
Patient Advocate (old timer, 2000 posts)

Registered: 06/23/07
Posts: 8207
Loc: PA
There are many members who have no known cause for their oral cancer diagnosis. I know several people who have never smoked, rarely drank and are HPV- but yet they have become oral cancer patients. It must be hard not knowing for sure what caused your illness. I know what caused mine, I was a smoker.
_________________________
Christine
SCC 6/15/07 L chk & by L molar both Stag I, age44
2x cispltn-35 IMRT end 9/27/07, no caregiver
Clear PET 1/08
4/4/08 recur L chk Stag I
surg 4/16/08 clr marg
215 HBO dives
3/09 teeth out, trismus
7/2/09 recur, Stg IV
8/24/09 trach, ND, mandiblctmy
3wks medicly inducd coma
2 mo extended hospital stay, ICU & burn unit
PICC line w/ IV antibiotics 8 mo
10/4/10, 2/14/11 reconst surg
OC 3 times in 3 years
very happy to be alive smile

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#149224 - 05/07/12 05:49 PM Re: Lawsuit against Johnson and Johnson [Re: mcohavi]
Charm2017 Offline
Patient Advocate (old timer, 2000 posts)

Registered: 03/03/08
Posts: 3082
Loc: Alexandria VA
mcohavi

It is hard not to have a "reason" or "cause" of getting this cancer. I'm not going to try and tell you otherwise, or give some platitude about the past not mattering as much as what you make of the future, because I could not stop wondering why I had gotten this cancer. When the doctors confirmed HPV in my tumor, it gave me peace of mind.
A google search of "mouthwash cancer" certainly pulls up lots of support for your theory so IMO you could just believe that's the cause without needing a court case.
Also, the way I read the pleadings, whether or not Listerine with alcohol causes cancer is not going to be arbitrated nor litigated or decided in any way shape or form by this J&J case. There is no "burden of proof" on you as to why you ended up with the cancer. You can truthfully say that all of your doctors felt it was a cause and then cite the google article and studies.
Charm
_________________________
65 yr Old Frack
Stage IV BOT T3N2M0 HPV 16+
2007:72GY IMRT(40) 8 ERBITUX No PEG
2008:CANCER BACK Salvage Surgery
25GY-CyberKnife(5) 3 Carboplatin
Apaghia /G button
2012: CANCER BACK -left tonsilar fossa
40GY-CyberKnife(5) 3 Carboplatin

Passed away 4-29-13

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