Johnson & Johnson Sets Aside $4 Billion to Settle Talcum Powder Lawsuits
In regards to talcum powder lawsuits, several lawsuits have been filed against Johnson & Johnson, claiming that their talcum powder products caused women to develop cancer. The lawsuits claim that the company knew that the powder was contaminated with asbestos, but failed to inform consumers. Currently, the company is under scrutiny by a number of courts, including the United States Supreme Court.
Asbestos in talcum powder
Is Talcum Powder Dangerous? Various epidemiological studies have suggested a possible link between using talc and cancer. However, the link has not been proven in a court of law.
Asbestos has been found in various talc products. The most common brands are Colgate-Palmolive, Vanderbilt Minerals, and Claire’s. Some other products have been alleged to contain asbestos.
Some of the most high-profile lawsuits have suggested a link between talc and ovarian cancer. Darlene Coker was one of the first people to develop asbestos cancer. She used Cashmere Bouquet talc from 1961 until 1976. She also ran a massage school. Her father worked in a barbershop. During her exposure, she said she experienced shortness of breath and coughing. She eventually died of mesothelioma.
Johnson & Johnson, one of the largest manufacturers of talc powder, has been sued in thousands of cases for cancer caused by the products. Among other products, the company’s Baby Powder has been alleged to contribute to mesothelioma.
J&J has argued that any asbestos in its products was “background asbestos” and was too small to be carcinogenic. The company has also disputed the findings of some studies that found asbestos in talc.
The company also claims that some tests picked up “background asbestos” that may have come from fraying insulation. It is unclear how this could have happened.
The United Kingdom banned the use of asbestos in 1999. However, it is still present in many buildings there. It was once used extensively in construction and shipbuilding. It has also been found in some types of “play” makeup marketed toward children.
The United States Food and Drug Administration has confirmed that it has been investigating reports of asbestos in talcum powder products. However, it has not required testing routinely of these products. The FDA will take appropriate actions to protect consumers.
Ovarian cancer
Several thousand lawsuits have been filed against Johnson & Johnson over their talcum powder products. These lawsuits claim that the products are responsible for ovarian cancer. The lawsuits allege that Johnson & Johnson should have warned consumers about the dangers of talcum powder.
In one talc trial, a jury awarded $26.5 million to the plaintiff. The jury found that the talc itself was not responsible for the plaintiff’s cancer. However, talc was responsible for causing other health problems.
In another talc trial, a woman’s son claimed that Johnson & Johnson should have warned consumers of the talc-ovarian cancer link. The company’s lawyers tried to argue that the jury was wrong, and that J&J did not violate the standard of care.
In a trial last year, a Missouri jury awarded more than $4 billion in damages to 22 women who claimed they developed ovarian cancer after using baby powder from J&J. During the trial, J&J was accused of violating state law by failing to warn consumers about the link between talc and ovarian cancer.
In a recent talc trial in Illinois, Johnson & Johnson was held in contempt of court. The company was found to have knowledge of peer-reviewed medical journal studies about the talc-ovarian cancer link decades ago. In response, J&J transferred all of its talcum powder liabilities to a newly formed spin-off company called LTL Management.
Several other lawsuits have been filed against the company, including the one that claims the company failed to warn consumers about the link between talcum and ovarian cancer. In one of these lawsuits, the plaintiff’s attorney zeroed in on the asbestos contamination issue.
Another case against J&J is in Georgia. Last week, the plaintiff’s attorneys lost a case in that state.
Mesothelioma
Thousands of women who used Johnson & Johnson baby powder and talc products have filed lawsuits claiming that the products caused them to develop mesothelioma. The lawsuits allege that J&J knew about the link between asbestos and talc products since at least the 1970s. J&J has faced twelve asbestos-related mesothelioma trials.
In the past few years, several talcum powder distributors and retailers have been named in lawsuits. Some of these claims resulted in millions of dollars in damages.
A jury awarded Eva Echeverria $417 million and Steven Lenzo III $37 million in compensatory damages and punitive damages. Steven Lenzo had used Johnson & Johnson baby powder for two decades. The jury found that the company lied about the product’s safety.
In November 2017, Colgate-Palmolive reached an undisclosed settlement in the case. Colgate-Palmolive denied the allegation in court.
The first talc mesothelioma lawsuit was filed in 2006 by a pottery studio worker. The woman claimed that exposure to Vanderbilt talc caused her to develop mesothelioma.
A California jury awarded $12 million to a mesothelioma victim. The jury determined that asbestos-contaminated talc from the supplier was the cause of the plaintiff’s diagnosis.
In May 2018, a jury awarded $25 million to 22 women. The jury found that J&J’s baby powder and talc products were contaminated with asbestos. The company had been paying out $4 billion in asbestos claims.
In May 2020, J&J announced it would discontinue selling talc powder in the U.S. and Canada. It also announced it would replace the powder with cornstarch.
A Reuters report cited internal J&J documents showing that the company knew from the 1970s onward that its popular baby powder and talc products were tainted with asbestos. However, the company maintains that it did not actually use asbestos.
Class-action talcum powder lawsuits
Despite the recent announcement that J&J has set aside $4 billion to settle talcum powder lawsuits, there is still a significant amount of outstanding litigation. In addition to the thousands of talcum powder lawsuits filed nationwide, there are still over 2,000 cases in the federal court system’s Multidistrict Litigation (MDL) system. The company’s bankruptcy filing has significantly affected the amount of settlements and how much they will be worth in the future.
J&J’s initial strategy for handling talcum powder litigation failed. Instead of creating a new subsidiary, the company transferred all of its talcum powder-related assets into a newly-created spin-off entity. It also filed for bankruptcy in North Carolina.
In the recent Missouri trial, 22 women were awarded a total of $2 billion. It is likely that J&J’s resolve was broken by this massive loss. However, there is still a chance that J&J will find a way to resolve the remaining 38,000 talcum powder cancer claims.
J&J has been accused of legal maneuvering in order to avoid bankruptcy. Some legal analysts predict that this gambit will fail. However, it is likely that J&J will try to settle cases that are weaker and require compensation payments as quickly as possible.
One of the earliest talcum powder lawsuits was filed in Missouri. It was filed by a woman who claimed that she developed mesothelioma because she had been using talc-based products for decades. She alleged that the company failed to warn consumers of the link between talc and cancer.
Another case was filed by a woman who claimed that J&J’s talc-based products caused her ovarian cancer. She alleged that the company knew that its products had dangerous carcinogens for decades but failed to warn consumers.
Settlements with J&J
Several weeks after J&J filed for bankruptcy, the company announced it had settled 1,000 claims for $100 million. This marked the first time J&J has entered into a mass settlement of talc powder claims.
While this settlement is a great achievement, it’s important to remember that it’s just the beginning of the talcum powder lawsuits. J&J has a lot of litigation still to deal with and thousands more talc lawsuits are still pending. The company will soon be facing a billion dollars in legal costs.
J&J is now splitting its consumer products business into two separate companies. One company will absorb all the talc liabilities while another will continue to manufacture and market talc products. This will allow J&J to avoid future liability in talc powder cancer lawsuits.
In other talcum powder news, a new lawsuit has been filed in Mississippi. It claims that J&J violated state law when it did not warn consumers about the cancer risk associated with using talc powder. The lawsuit alleges that J&J knew for decades about the health hazards associated with talc and failed to warn consumers.
In another talcum powder lawsuit, a jury awarded $72 million to Jacqueline Fox, a woman who used talc for 35 years. The verdict was the largest verdict awarded in a talc trial to date.
However, this was only the first of three cases that will go to trial in 2021. In the other two cases, plaintiffs’ attorneys have already lost.
The Nora Daniels case was a landmark verdict in a talc lawsuit. This is because it was the first time a jury awarded money for a medical claim in a talcum powder case. If you need assistance with talcum powder lawsuits call us now.
