The record
After Dr. Seymour Lewin, identified in the opinion as “Consultant to the FDA,” reported asbestos in samples of the products in 1972, Johnson & Johnson retained Walter C. McCrone Associates, which confirmed the samples contained tremolite; in 1975 McCrone found some samples contained “rather high” levels of amphibole asbestiform fibers.
Claim scope
Two dated confirmatory findings (1972 Lewin; 1975 McCrone) by a defendant-retained laboratory, recounted in a published opinion.
What this source does not establish
No fibre concentrations, no method, no sample counts. “rather high” is the document's word as quoted by the court, not a quantified measurement.
Limitations
Ingham recites each internal document under the express predicate "According to Plaintiffs' evidence" and under the standard "Viewing the evidence in the light most favorable to the verdict." The court's HOLDING is that Plaintiffs made a submissible case for punitive damages; it is NOT an independent judicial finding that each recounted document says what plaintiffs said it says. Phrase as: 'the Missouri Court of Appeals, upholding the punitive award, recounted plaintiffs' evidence that...'
Source
Case Citation — Ingham v. Johnson & Johnson, No. ED107476 (Mo. Ct. App. E.D. June 23, 2020)