talcum powder lawsuit Updates
Johnson & Johnson’s Talc Bankruptcy Trial Begins
A pivotal trial is underway in Texas to determine the fate of Johnson & Johnson’s third talcum powder bankruptcy. Over the next two weeks, U.S. Bankruptcy Judge Christopher Lopez will hear testimony from up to 40 witnesses, focusing on whether the Chapter 11 filing was made in bad faith and whether voting irregularities influenced the approval of the $10 billion settlement plan. Opinions among plaintiffs’ attorneys remain divided—some argue client votes were improperly changed, while others support the settlement to resolve years of stalled litigation. The trial’s outcome will shape the future of claims against Johnson & Johnson over talc-related injuries.
Plaintiffs Challenge J&J’s $8 Billion Talc Settlement
Opposition is mounting against Johnson & Johnson’s proposed $8 billion settlement, with some plaintiffs arguing it unfairly restricts their right to pursue claims in court. They also dispute J&J’s assertion that over 80% of claimants support the plan. The settlement would create a trust under J&J’s bankrupt subsidiary, Red River Talc, to compensate victims while ending all related lawsuits. The Coalition of Counsel for Justice opposes the deal, citing insufficient funding, failure to meet asbestos bankruptcy standards, and alleged voting flaws. J&J defends the plan as offering greater compensation than trials. A final decision is expected next month.
Why J&J Prefers Bankruptcy for Talc Settlements
Johnson & Johnson seeks to resolve talc litigation through bankruptcy to maintain control and predictability. This approach caps financial liability, consolidates all current and future claims, and halts ongoing lawsuits. Bankruptcy eliminates the uncertainty of jury trials, where verdicts have ranged from modest sums to massive punitive awards. By establishing a trust with pre-set compensation criteria, J&J ensures uniform payouts while avoiding unpredictable verdicts that could escalate costs or create unfavorable legal precedents. Ultimately, this strategy allows J&J to manage settlements on its terms while preventing the risk of future litigation spiraling out of control.
Jury Awards $22 Million in Punitive Damages in Talc Trial
In a Pittsburgh talc trial, Johnson & Johnson received a defense verdict, with the jury finding that the company’s talc products did not cause the plaintiff’s mesothelioma. However, the jury awarded $22 million in punitive damages, signaling dissatisfaction with the company’s actions. Despite not linking the company’s conduct to the plaintiff’s illness, the jury determined Johnson & Johnson was negligent and misrepresented the safety of its talc products. Their decision to award punitive damages, despite causation instructions, reflects a clear sentiment to hold the company accountable for its actions, regardless of the causation finding.
How to Know if You Pre-Qualify for the Talcum Powder Lawsuit
The Talcum Powder Lawsuit began in 2009 when a woman claimed she developed ovarian cancer from using the Johnson and Johnson talcum powder. One lawsuit, in particular, was filed by 22 women in 2016, and two products were named: Shower to Shower and Johnson’s Baby Powder.
Thousands of talcum powder lawsuits have been filed to date alleging that J&J was aware of harmful substances, such as asbestos fibers and other harmful carcinogens, in their products. According to the talcum powder lawsuits, the company continued making and marketing this dangerous product even though they knew it to be harmful.
It was further claimed that J&J hid these issues from government agencies, as well as the public. In June 2020 in the Missouri Court of Appeals Eastern District, a trial was held and a jury found Johnson and Johnson (J&J) and Johnson and Johnson Consumer Companies Inc. (JJCI) responsible for all claims and awarded 22 plaintiffs $500 million in actual damages against JJCI and $125 million in actual damages against J&J. The jury also called for $4.14 billion in punitive damages to punish J&J for knowing and hiding the dangers of their product. This amount was reduced to $900 million against JJCI and about $716 million against J&J.
Thousands of people have come forward claiming they have developed ovarian cancer from using talcum powder products. Product liability lawsuits attack companies at each stage of the product cycle, such as distributors, manufacturers, and suppliers. Many plaintiffs have even gone after big store chains such as Walmart, Target, and Walgreens to seek compensation for their suffering. The FDA took samples of J&J’s talcum-based baby powder and discovered asbestos. This prompted J&J to remove their product from the shelves. Further investigations showed that the same powders were previously proven to have asbestos and that the company had known about the issues since 1971.
J&J Has Switched from Talcum Powder to Cornstarch
In a major shift, Johnson & Johnson swapped talcum for cornstarch in their baby powder. While they claim talcum is safe, decades of talcum powder lawsuits alleging health risks, particularly ovarian cancer, and shifting consumer preferences, likely played a significant role. Cornstarch-based powder offers an alternative that, while not without its own potential concerns, addresses public concerns and keeps them competitive in the market.
How to Pre-Qualify for the Talcum Powder Lawsuit
You may be eligible to join the talcum powder lawsuit against Johnson and Johnson, if you have used talcum powder and developed the following cancer(s):
- Ovarian Cancer
- Primary Peritoneal Cancer
- Mesothelioma cancer
Please Note: You can also submit a lawsuit on behalf of a loved one who has suffered from cancer due to talcum powder usage.
Claimants must be able to provide their diagnosis to pre-qualify. They can use their medical diagnosis and other healthcare documents to prove their case. It’s important to note that many cancers and illnesses take years to be discovered, and they should speak with a medical professional if they have concerns after using talcum powder. A medical diagnosis is the only way to be sure.
How Much Compensation Should You Expect?
Determining a typical settlement amount in the Johnson & Johnson talcum powder lawsuit is complex due to the unique nature of each case. Factors such as the severity of the illness, the strength of the evidence, jury decisions, and the skill of the lawyers involved all influence the settlement amount.
Settlements can vary widely, with some being as low as $100,000 and others reaching into the millions. For example, in 2020, there were settlements of $100 million for 1,000 lawsuits and a significant $2.12 billion for 22 women. There's been a proposal for a massive $8.9 billion global settlement covering nearly 40,000 cases, highlighting the scale of these cases. However, average figures can be misleading. We encourage you to seek legal advice to determine your eligibility and to understand what damages you may be able to potentially receive. All cases are unique.
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