Talcum Powder Lawsuits

Johnson & Johnson (J&J) faced 58,198 pending talcum powder lawsuits in multidistrict litigation in New Jersey as of November 2024. MDL 2738 is before Judge Michael A. Shipp in U.S. District Court.

On May 1, 2024, Johnson & Johnson proposed a $6.48 billion settlement for lawsuits claiming its talcum powder products caused ovarian cancer that would be paid out over 25 years and be funded through a subsidiary. To move forward, 75% of plaintiffs needed to vote to accept it within 90 days. Settlement experts with sources close to the litigation suggested that the required number of plaintiffs agreed to the proposed settlement in a secret ballot that ended in July.

J&J added an additional $1.1 billion to the settlement plan in early September, with the strategy remaining to pay out that money over 25 years. Reuters also reported that the company reached an agreement with a plaintiffs’ lawyer representing 12,000 clients to recommend the settlement plan, likely removing any doubt from the question of whether J&J had reached the 75% plaintiff threshold.

On Sep. 20, J&J’s Red River Talc unit filed for bankruptcy in Texas in a move necessary to complete the now $8 billion settlement. The offer does not cover cases claiming mesothelioma.

This is not the first time J&J has offered a settlement that a subsidiary would fund. Most recently, LTL Management filed for bankruptcy in April 2023 as part of ongoing efforts to seek Chapter 11 protection. Those efforts were unsuccessful, with a judge denying bankruptcy twice.

In 2019, Johnson & Johnson issued a recall of 33,000 bottles of Johnson’s Baby Powder after testing found asbestos in samples. While J&J continues to deny any liability and insists it did not sell cancer-causing products, it halted the sale of talc-based Johnson’s Baby Powder in North America in May 2020. In 2023, it switched to a cornstarch-based alternative and discontinued worldwide sales of its talc-based Johnson’s Baby Powder.

People are filing talc lawsuits after they developed ovarian cancer after using talc-based products. Most of these cases are consolidated into multidistrict litigation in MDL 2738 before Judge Michael A. Shipp in U.S. District Court in New Jersey. Johnson & Johnson is the main defendant, though some other potentially liable manufacturers, suppliers, distributors and other parties are named in some lawsuits.

According to mass torts and product liability attorney Daniel Nigh, J&J has already attempted to defend their cases using general causation. That is, whether talc can cause ovarian cancer and/or mesothelioma.

“There are other things that cause ovarian cancer. So, that’s the way in which J&J is trying to defend against these cases. They’ve lost multiple trials. And there are some specific cases where there are other clear explanations that are probably stronger explanations for the plaintiff’s ovarian cancer. But for the majority of these lawsuits, that’s not going to be the case,” Nigh told Drugwatch.

“It’s not a strong defense. Multiple literature studies and epidemiological studies have shown an increased risk of ovarian cancer,” Nigh added. “And there is such a clear, plausible, mechanistic explanation of asbestos leading to mesothelioma.”

Punitive Damages in Talc Verdicts

In many talcum powder cases, courts issued high-dollar verdicts in favor of those diagnosed with cancer or their families. Punitive damages hold defendants accountable for products they knew contained toxic asbestos that they failed to caution regulators and consumers about.

Internal memos analyzed by Reuters and available to plaintiffs’ lawyers show that J&J researched and uncovered asbestos contamination in its talc products.

You may be eligible to file a talc lawsuit if you developed ovarian cancer or mesothelioma after regularly using or working with talc-based products. You may also be eligible to file a talc claim if you lost a loved one to cancer after asbestos exposure.

To make a strong case and maximize potential compensation, plaintiffs should hire an attorney. It takes legal expertise and relevant case experience to document asbestos exposure or ovarian cancer from talc products.

Your eligibility to file a talc lawsuit also depends on your state’s statute of limitations. The average statute of limitations for a wrongful death talc lawsuit is about two years from the cancer patient’s date of death. It usually takes 20 to 60 years from the time of asbestos exposure to develop detectable cancer symptoms.

Before choosing a law firm to represent you, consider their experience in personal injury litigation against major corporations. Working with top talcum powder lawyers is essential because defendants will deny liability and often have adequate resources to contest all claims, no matter how long it takes.

Ask whether they have nationwide resources and ask them the value of talc lawsuit settlements and verdicts they’ve secured for clients over the years. If you’re in the hospital or too sick to travel, you may need a lawyer with virtual consultation options and the flexibility to come to you.

Top talcum powder law firms to consider include Drugwatch’s legal partner, Simmons Hanly Conroy. The firm has secured millions in settlements and verdicts for its clients and has many years of experience litigating product liability claims, including those against Johnson & Johnson and other pharmaceutical and medical device manufacturers.