Talcum Powder Cancer Lawsuit

TALCUM POWDER LINKED TO OVARIAN CANCER

Regular Use of Talcum Powder is Linked to an Increased Risk of Ovarian Cancer

Strong scientific evidence shows that regular, long-term use of talcum powder in the genital area can increase a woman’s risk of ovarian cancer. Manufacturer Johnson & Johnson knew this for years but failed to warn women about the potential health risks associated with products containing talcum powder, including Johnson’s Baby Powder® and Shower to Shower®.

 

If you or a loved one was diagnosed with ovarian cancer and were a regular user of Johnson & Johnson talcum powder products, call The Yost Legal Group at 1-800-YOST-LAW (1-800-967-8529) to learn more about your legal options.

How Does Talcum Powder Cause Ovarian Cancer?

Talcum powder products, such as Johnson’s Baby Powder® and Shower to Shower®, are common household products used as deodorant, feminine hygiene products, and for many other purposes. However, many consumers have been unaware that these talcum products may be linked to ovarian cancer.

Regular use of talcum powder on the genital area can cause Talc particles to travel up through the Fallopian tubes and settle in the ovaries. When this occurs, the Talc particles can cause the growth of cancerous cells, leading to tumors and, eventually, ovarian cancer.

Click here for signs and symptoms of ovarian cancer.

Click here for ovarian cancer resources, organizations and support groups.

Failure To Warn Women About Potential Health Risks

The exact danger and prevalence of ovarian cancer caused by regular talcum powder use is still a matter of debate. However, there have been suspicions in the medical community for more than 35 years that regular talcum powder use could increase a woman’s risk of developing ovarian cancer by as much as 20%.

A link between regular talcum powder use and increased rates of ovarian cancer was observed as early as 1982.

The dangers associated with talcum powder have been well-established for years, but Johnson & Johnson consistently failed to warn women about the potential health risks. They did not want to tarnish the reputation of their products by adding warning labels about potential health risks. By withholding this information, the company put the health and safety of thousands of women in jeopardy.

Recently, Johnson & Johnson has been found liable for damages caused by their Baby Powder® and Shower to Shower® products in court. Since February 2016, J&J has been ordered to pay more than $127 million in total damages to women and their families who were diagnosed with ovarian cancer after regularly using their talcum powder products.

Talc Powder Ovarian Cancer Lawsuit Updates 2024

July 26, 2024:

The 3rd Circuit dismissed Johnson & Johnson’s talc powder bankruptcy yesterday. They ruled that LTL Management, J&J’s subsidiary created to handle talc liabilities, isn’t financially distressed, so its bankruptcy filing lacks good faith. The court stated that potential future insolvency doesn’t warrant a Chapter 11 filing. Now, J&J wants to take it up with the Supreme Court.

July 25, 2024:

Claimants have until 4:00 p.m. (Central Time) tomorrow to vote on whether to accept or reject the settlement plan. A package sent to claimants or their attorneys includes details about the voting process.

The plan proposes that J&J and its associated companies pay ovarian cancer claimants about $6.475 billion over 25 years. This would establish a multi-billion-dollar trust to compensate both current and future talc-related ovarian cancer claims.

If at least 75% of voters approve, the plan will result in a bankruptcy filing under “In re: Red River Talc LLC.” A hearing will be scheduled to confirm the plan, and additional notices will be provided if the court sets a deadline for objections.

July 3, 2024:

A major decision is on the horizon regarding the settlement of lawsuits against J&J. The company has proposed a $6.5 billion settlement to resolve baby powder ovarian cancer claims, but it hinges on securing a 75% agreement from claimants by the end of this month. This is a significant development. Many talcum powder lawsuit attorneys are working together to seek justice for claimants.

June 10, 2024:

Johnson & Johnson has agreed to a $700 million settlement with 43 states and Washington D.C. concerning the marketing of its talcum powder products. Additionally, the company will cease marketing and manufacturing baby powder containing talc. This move signals J&J’s effort to resolve ongoing talc powder-related litigation. Talc powder trial lawyers have been committed to having these dangerous products removed from the market.

June 7, 2024: 

A new trial involving talcum powder and cancer claims against Johnson & Johnson began this week in Dallas, Texas. Opening statements were made on Wednesday, and the trial is anticipated to last two to three weeks. This marks the first talc trial in some time and the first one in Texas. [Update: this case has been settled.]

June 6, 2024 Update: 

The J&J talcum powder MDL now has 57,365 pending cases—an increase of 4,000 since April 1st. This suggests the class action MDL is seeing a noticeable rise in new case volume.

May 21, 2024 Update: 

A recent study in the Journal of Clinical Oncology supports over 50,000 lawsuits against Johnson & Johnson, alleging their talc based baby powder is linked to ovarian cancer. Conducted by the National Institutes of Health, the research reveals a significant link between the genital use of talc powder and ovarian cancer, especially with frequent or long-term use. These findings challenge Johnson & Johnson’s claims that their talc products are safe and asbestos-free, potentially impacting the ongoing talc powder settlement.

May 1, 2024 Update:

This morning, it was disclosed that Johnson & Johnson, through its talcum powder spinoff subsidiary, has agreed to a global settlement agreement amounting to $6.5 billion to address the majority of claims related to ovarian cancer allegedly caused by talcum powder use.

Pursuant to the terms of the agreement, the plaintiffs in the talcum powder litigation will permit the subsidiary of Johnson & Johnson to initiate a third bankruptcy proceeding. The preceding two bankruptcy filings encountered substantial opposition from the talc plaintiffs and were subsequently dismissed. It should be noted that this settlement pertains exclusively to the ovarian cancer-related talcum powder claims. Johnson & Johnson has already resolved 95% of the talcum powder claims associated with mesothelioma.

The plaintiffs’ approval of this agreement is pending, with a vote scheduled for July 26, 2024.

April 22, 2024 Update

Johnson & Johnson, along with its subsidiary Kenvue Inc., has been ordered to pay $45 million to the estate of Theresa Garcia, an Illinois resident who succumbed to mesothelioma in 2020—a malignancy associated with asbestos exposure. A jury in Chicago attributed 70% of the liability for Ms. Garcia’s demise to Kenvue, with the remaining 30% ascribed to Johnson & Johnson. The plaintiffs contended that the entities were cognizant of asbestos contamination in their talcum-based baby powder. This judgment constitutes one of the initial major verdicts against Johnson & Johnson and its subsidiaries following the judicial dismissal of a bankruptcy petition by a Johnson & Johnson unit the previous year, which was purportedly filed to resolve ongoing litigation concerning talcum powder products.

April 18, 2024 Update:

Sadly, a Florida state court jury has rendered a verdict, determining that Johnson & Johnson’s baby powder talc product was not liable for the ovarian cancer that resulted in the death of a woman from Sarasota County. The lawsuit filed by her family alleged that the woman had been using the product daily from 1965 until her cancer diagnosis in 2016.

April 17, 2024 Update: 

The jury has commenced deliberations in the talcum powder trial taking place in Florida. During closing arguments, the plaintiff’s counsel asserted that the decedent’s approximately 41,000 applications of Johnson & Johnson’s talcum powder contributed to her death from ovarian cancer. Expert witnesses for the plaintiff presented evidence indicating that, of 40 subsequent studies, 38 demonstrated an elevated risk of ovarian cancer associated with talcum powder use. A verdict is anticipated this week, potentially as early as today.

April 11, 2024 Update:

On Wednesday, a talc attorney provided testimony in court, addressing allegations made by Johnson & Johnson that he violated ethical obligations by working alongside a former company lawyer to propose a $19 billion settlement concerning talcum powder litigation. In his testimony, he clarified that the former J&J attorney did not influence their strategy for the proposal.

“I am a plaintiffs’ attorney and stand with fellow plaintiffs’ lawyers. This situation is exaggerated, and J&J’s actions appear to be motivated by spite. Nonetheless, it is universally acknowledged that this scenario is unfavorable on all sides.”

April 2, 2024 Update: 

In Sarasota, Florida, legal proceedings have commenced concerning a new talc powder lawsuit against Johnson & Johnson. This wrongful death claim has been filed by the widower of a deceased woman who had utilized Johnson & Johnson’s baby powder for several decades and subsequently succumbed to ovarian cancer. This marks the second post-bankruptcy trial addressing ovarian cancer allegations. The preceding trial, referenced in subsequent updates beginning with the February 14th entry, concluded with a deadlocked jury in Miami, which was unable to reach a consensus regarding the causal relationship between the use of Johnson & Johnson’s baby powder and the demise of an anesthesiologist.

March 6, 2024 Update:

A Florida state court judge declared a mistrial due to the jury’s inability to reach a unanimous decision regarding whether the use of Johnson & Johnson’s baby powder was a contributing factor in causing cancer that resulted in the death of a Miami anesthesiologist. After a day and a half of deliberations, the jury twice reported to the court that they were deadlocked, describing the situation as “hopelessly deadlocked.”

The decedent’s widower, a prominent attorney in Miami, asserted that the baby powder was the causative agent for his wife’s cancer. The plaintiff, who had utilized the product for several decades, was diagnosed with cancer in 2016 and subsequently passed away in 2019. In this legal action, the plaintiff sought $14 million in damages.

March 1, 2024 Update:

The Miami ovarian cancer talc powder trial has progressed to the defense phase. (Refer to the February 14 update below.) Dr. Edwin Kuffner, Chief Medical Officer of Johnson & Johnson, testified that a comprehensive review of scientific studies conducted by his department found no evidence establishing a link between the use of baby powder and ovarian cancer. He stated that Johnson & Johnson would have issued a warning or removed the product from the market immediately if such evidence had been found. However, the company decided to discontinue talc powder in 2020 for what was described as a “business reason.”

February 14, 2024 Update:

Johnson & Johnson has unexpectedly permitted another case to proceed to trial. In a trial currently taking place in Miami, the jury is presented with allegations that Johnson & Johnson has purportedly been aware for several decades that its baby powder may be associated with cancer risk. The lawsuit, initiated by the surviving spouse, who is a Miami-based attorney, seeks to hold the company accountable for the 2019 death of an anesthesiologist who reportedly used talcum powder daily for over fifty years.

February 10, 2024 Update:

Here are the newest deadlines in the Talcum Powder Lawsuit MDL:

Action Deadline
Completion of Plaintiffs’ expert witness depositions April 9, 2024
Defendants’ designation and report service of all experts May 21, 2024
Completion of Defendants’ expert witness depositions July 2, 2024
Filing of Dispositive motions, including Daubert motions July 23, 2024
Filing of Oppositions to Dispositive/Daubert motions August 22, 2024
Filing of Replies in support of Dispositive/Daubert motions September 12, 2024

We anticipate that the next talc powder trial within the multi-district litigation (MDL) will not commence until the end of the year, at the earliest.

February 5, 2024 Update:

Johnson & Johnson persistently challenges the credibility of the plaintiffs’ experts and attorneys. Despite its efforts, the company is unlikely to succeed. Recently, the company has issued a series of subpoenas aimed at scrutinizing the plaintiffs’ preparatory activities. Notably, one subpoena seeks information from Northwell Health Inc., specifically requesting the names of research participants involved in Dr. Jacqueline Moline’s studies. These studies associate the use of cosmetic talcum powder with mesothelioma, although they pertain to a different type of cancer than the ovarian cancer claims central to the current litigation. Additionally, Johnson & Johnson has subpoenaed KCIC, a products liability consultant, in an attempt to disqualify a plaintiffs’ attorney and his firm from assuming leadership roles in the litigation.

February 2, 2024 Update: 

In January 2024, the talcum powder class action multidistrict litigation (MDL) experienced an increase of 34 additional cases, resulting in a total of 53,767 pending cases. This constitutes the third consecutive month characterized by a lower volume of cases, following an initial surge of several thousand new cases during the first two months subsequent to the lifting of the bankruptcy stay.

January 23, 2024 Update:

Johnson & Johnson has proposed a settlement of $6.9 billion to resolve over 50,000 claims related to ovarian cancer. This proposal indicates that the average settlement for talc-related claims would be approximately $130,000. Previously, an offer of $8.9 billion was noted; however, the company is now addressing mesothelioma cancer claims through a separate process. It is widely recognized that Johnson & Johnson may need to provide additional compensation. The primary concerns are determining the extent of the increased compensation and the timeframe required to finalize the talcum powder lawsuits.

January 19, 2024 Update: 

Upon the removal of the bankruptcy stay at the end of summer, there was a notable increase in new case filings within the talcum powder MDL. However, this initial surge has since decelerated significantly. In recent weeks, only four additional cases have been incorporated into the MDL, bringing the total number to 53,733. Nevertheless, a substantial volume of cases remains.

January 11, 2024 Update:

Johnson & Johnson has consented to a $700 million settlement concerning talcum powder lawsuits filed by numerous U.S. states, addressing the company’s alleged misleading marketing practices. The core issue of these lawsuits was the company’s failure to disclose asbestos contamination in its talcum powder products, which purportedly increases the risk of ovarian cancer and mesothelioma. This settlement, encompassing over 40 states, resolves all current and potential state-level lawsuits that accuse the company of concealing or failing to disclose the cancer risks tied to its talcum powder products.

For the approximately 50,000 talc powder claimants who have pursued legal action, this development is significant.

January 3, 2024 Update: 

Investors in Johnson & Johnson have initiated a class action lawsuit, which mirrors the allegations made by personal injury and wrongful death plaintiffs in the talc baby powder litigation. A federal judge in New Jersey has formally certified this class action. The fundamental assertion in this new class action is that Johnson & Johnson made deceptive representations regarding the safety of its products and its research commitments. Specifically, the investors allege that, despite the company’s public assertions about the safety of its talc products, it was internally aware of concerns raised by an external laboratory concerning the insufficiency of testing methods to detect asbestos in its products.

January 1, 2024 Update: The final week of 2023 saw significant activity in the talcum powder class action MDL docket. Five new cases were added directly to the MDL, and a notice of death was filed for one of the 50,000 plaintiffs with pending claims.

December 23, 2023 Update: J&J recently filed a motion accusing a plaintiffs’ law firm involved in talc powder cases of forming an inappropriate relationship with a former attorney who had previously worked with J&J. The allegation suggests that the former attorney shared confidential information with the plaintiffs’ firm, which would be unethical. In response, the law firm denied these claims, arguing that J&J’s motion is a distraction from its ongoing issues with talc injury claims.

December 19, 2023 Update: Johnson & Johnson (J&J) is attempting to disqualify a plaintiffs’ attorney and their law firm from the ongoing talcum powder multidistrict litigation. J&J is concerned about the attorney’s recent collaboration with a former lawyer who once represented the other side in the talcum powder litigation. The lawyers are currently working on negotiating a $19 billion settlement related to ovarian cancer claims against J&J’s talcum powder products. J&J believes this legal partnership could lead to a conflict of interest and the misuse of confidential information. This issue centers on the resolution of numerous talcum powder lawsuits.

If you or a loved one was diagnosed with ovarian cancer and are a long-term user of Johnson & Johnson talcum powder products, call The Yost Legal Group. When you call our experienced talcum powder lawyers at 1-800-YOST-LAW (1-800-967-8529) you will learn more about your legal options.

We are here to protect your rights and seek the maximum compensation you may be entitled to for the harm caused by this dangerous product. Our product liability attorneys will explain the talcum powder lawsuit to you and answer any questions you may have.

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