Talcum Powder (J&J) Class Action Lawsuit Update September 2024

As of late July 2024, Johnson & Johnson (J&J) is seeking approval for a $6.475 billion settlement for ovarian cancer claims linked to its talc products, with claimants having until tomorrow to vote on the proposal. In the same period, J&J is dealing with various legal challenges, including a lawsuit accusing it of manipulating bankruptcy to limit liability and a judge dismissing a lawsuit against a scientist who linked talcum powder to cancer. The World Health Organization has also reported that talc in J&J’s Baby Powder likely increases ovarian cancer risk. Additionally, J&J faces 57,624 pending talcum powder claims and has settled with 43 states to stop marketing talc-based products. The company continues to navigate extensive litigation and settlement efforts while transitioning to alternative products.

August 22, 2024:

• J&J Seeks Dismissal of Talc Medical Monitoring Class Action: Johnson & Johnson has filed a motion to dismiss a proposed national class action lawsuit seeking medical monitoring compensation for individuals exposed to its talc-based products. The lawsuit aims to secure financial compensation to cover the costs of ongoing health assessments and surveillance for those who may not yet have been diagnosed with a related illness, such as ovarian or gynecological cancers. J&J's motion challenges the validity of this class action and its claims for medical monitoring compensation.

August 19, 2024:

• J&J Reportedly Secures Sufficient Support for $6.5 Billion Talc Settlement: According to a Bloomberg report, Johnson & Johnson has surpassed the 75% threshold of claimant support required for its proposed $6.5 billion settlement to resolve tens of thousands of lawsuits alleging its talc products caused cancer. The company is expected to pursue another bankruptcy bid in the near future.

August 16, 2024:

• $63 Million Awarded in South Carolina Talcum Powder Lawsuits: A South Carolina jury awarded over $63 million in two separate lawsuits related to Johnson & Johnson's talc-based baby powder. The primary plaintiff, who developed terminal lung cancer (mesothelioma) from inhaling asbestos allegedly present in the powder, was awarded over $23 million in economic and other damages, plus $30 million in punitive damages. His spouse received over $9.6 million for loss of consortium in a separate lawsuit. The verdict also found American International Industries (AII) negligent and liable for punitive damages.

August 12, 2024:

• Talc Claimants Vote to Approve Settlement Plan: While official results are pending, early indications suggest that more than the required 75% of claimants voted in favor of the latest talc settlement plan at the end of July.

July 25, 2024:

• J&J's Talc Bankruptcy Rejected Again: A U.S. appeals court upheld the dismissal of Johnson & Johnson's second attempt to resolve talcum powder lawsuits through a shell company's bankruptcy. The court ruled that the subsidiary, LTL Management, was not in "financial distress," rendering its bankruptcy filing invalid. J&J plans to appeal to the Supreme Court while simultaneously pursuing a revised strategy for settling the talc lawsuits.

July 25, 2024:

• J&J Talc Settlement Voting Deadline: Claimants have until 4:00 p.m. Central Time tomorrow to vote on whether to accept or reject the proposed $6.475 billion settlement plan for ovarian cancer claims linked to Johnson & Johnson's talc products. Voting information is available in the solicitation package sent to claimants and their attorneys. If approved by at least 75% of voters, the plan will proceed with a bankruptcy filing under the case name "In re: Red River Talc LLC" in bankruptcy court, followed by a confirmation hearing and potential objection deadlines.

July 12, 2024:

• J&J Moves to Dismiss Plaintiffs' Bankruptcy Challenge Lawsuit: Johnson & Johnson files a motion to dismiss a lawsuit accusing it of fraudulently transferring money to establish liability-limiting bankruptcies for a shell company. The lawsuit, filed by a group of plaintiffs' firms in May, claims that J&J's repeated use of the bankruptcy system to address alleged cancer liability is an abuse of process. J&J argues that the plaintiffs lack standing and fail to allege harm.

July 9, 2024:

• World Health Organization Says Talc in Johnson's Baby Powder Likely Increases Cancer Risk: The World Health Organization (WHO) determines that talc in Johnson's Baby Powder probably increases the risk of ovarian cancer. The findings are based on studies in humans and animals, with consistent evidence of increased ovarian cancer incidence among women using talc-based body powder in the genital area.

July 1, 2024:

• Judge Dismisses J&J Lawsuit Against Scientist: A federal judge dismisses a lawsuit filed by Johnson & Johnson against a scientist who published research linking talcum powder to cancer. The court ruled that the research was not fraudulent or libelous and is protected under free speech rights.

July 1, 2024:

• 57,624 Pending Talcum Powder Claims Against J&J: As of July 2024, Johnson & Johnson faces 57,624 pending claims in a class action lawsuit over its talcum powder products.

June 28, 2024:

• Cancer Victims' Legal Challenge to J&J Bankruptcy Rejected: A federal judge dismisses a lawsuit filed by cancer victims accusing Johnson & Johnson (J&J) of using bankruptcy to avoid liability for allegedly asbestos-contaminated talc-based baby powder. The judge deemed any harm to the victims as "strictly hypothetical" and lacked jurisdiction to resolve a dispute over "events that have not, and may never, occur."

June 18, 2024:

• Class Action Demands Medical Monitoring for Women Exposed to Allegedly Cancerous Talc Powder: A new class action lawsuit is filed against J&J, not only seeking damages for those allegedly harmed by its talc-based baby powder but also demanding medical monitoring for long-term users who haven't yet been diagnosed with cancer. The lawsuit alleges that J&J knew of potential dangers as early as the 1970s but continued to market and sell the powder despite it being “defective, dangerous to human health, unfit and unsuitable to be advertised, marketed, and sold in the United States, and lacked proper warnings associated with their use.”

June 10, 2024:

• J&J Settles with States Over Talcum Powder Marketing: Johnson & Johnson has reached a $700 million settlement with 43 states and the District of Columbia, agreeing to cease the marketing and manufacturing of talc-based baby powder. This move signals J&J's effort to resolve ongoing litigation related to its talcum powder products.

June 6, 2024:

• J&J Talcum Powder MDL Grows: The number of pending cases in the J&J talcum powder multidistrict litigation (MDL) has risen to 57,365, indicating a significant increase in new lawsuits.

June 4, 2024:

• Oregon Jury Awards $260 Million in Talc Case: An Oregon jury ordered Johnson & Johnson to pay $260 million to a woman who developed mesothelioma, a cancer linked to asbestos exposure, allegedly from using the company's baby powder.

May 30, 2024:

• J&J Accused of Bankruptcy Scheme: A class action lawsuit filed by over 50,000 cancer victims accuses Johnson & Johnson of manipulating the bankruptcy system to avoid talcum powder lawsuits. The plaintiffs allege fraudulent financial maneuvers and a "bait-and-switch" settlement tactic.

May 1, 2024:

• $6.5 Billion Global Settlement Proposed: J&J announced a $6.5 billion global settlement to resolve the majority of talcum powder ovarian cancer claims. The deal involves a third bankruptcy filing by a J&J subsidiary and is subject to approval by plaintiffs on July 26, 2024.

2024 Overview:

April 2024: 

• A Chicago jury ordered J&J and its spinoff Kenvue to pay $45 million to the family of a woman who died from mesothelioma allegedly linked to asbestos-contaminated talc.
  
  
• A Florida jury ruled in favor of J&J, finding that its baby powder was not responsible for a woman's ovarian cancer.
  
  
• A New Jersey judge ruled that Johnson & Johnson can challenge the scientific evidence linking talcum powder to cancer risk in over 53,000 lawsuits. This decision could significantly impact the future of these cases, as J&J aims to discredit the "junk science" it claims supports the plaintiffs' claims. J&J has until July 23 to update its arguments about the scientific evidence in the case. From there, it will be up to Judge Shipp to decide whether he will allow the expert testimony to be presented in the lawsuits going forward.

January 2024:

• J&J investors filed a class action lawsuit alleging the company made misleading statements about the safety of its talc products.

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Why is talcum powder a hot topic now?

Talcum powder. That small plastic bottle we all have nestled among our bathroom essentials, right next to our lotions and soaps? It's usually our go-to for keeping things dry and comfy, but recently, it's been making headlines for reasons that are anything but comfortable.

It turns out that talcum powder is made from talc, and here's where things get a bit sticky – talc can sometimes get cozy with asbestos in the ground. Both talc and asbestos are scooped up from the earth. Because they're often neighbors underground, talc can get tainted with asbestos during the mining shuffle. Asbestos, while great for building materials, poses a real hazard when inhaled due to its link to serious diseases, like lung cancer and mesothelioma.

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The science bit: Talc, asbestos, and health risks

Research on this is a bit of a mixed bag, but let’s lay it out: scientists have spotted tiny particles of talc hanging out in human tumors. Plus, whispers in the medical community suggest that using talcum powder for personal hygiene could bump up the risk of ovarian cancer. This has led to a slew of court cases with plaintiffs calling out big corporations for not cluing them in.

The American Cancer Society tells us that talcum powder is a mix of magnesium, silicon, and oxygen. Meanwhile, the International Agency for Research on Cancer (IARC), part of WHO, has flagged asbestos as a cancer-causing culprit, and that includes talc that’s been hanging out with asbestos.

The National Cancer Institute (cancer.gov) has also thrown in its two cents, suggesting a possible link between talc and ovarian cancer. This has sparked concerns since there’s a chance asbestos could be tagging along in some talc products. And nobody wants to breathe that in or apply it anywhere on their body.

To nip this in the bud, back in 1973, the FDA stepped up to the plate and started insisting that talcum powder be tested to make sure it's asbestos-free.

Johnson & Johnson: Under the microscope

Johnson & Johnson, a name we all know, is feeling the heat. They found themselves in a bit of a pickle with traces of asbestos in their baby powder, leading to a hasty product recall. They insist their products are safe but are now shifting gears to cornstarch-based formulas in North America – kind of a "better safe than sorry" move.

The New Brunswick-based giant pulled their talc powders from the US and Canada markets in 2020, pointing to dwindling sales and choosing cornstarch instead. They’ve promised to wipe the slate clean of talc-based powders globally by year's end.

Despite the investigations and lawsuits suggesting J&J knew about the asbestos risk and kept mum, they stand by their product's safety. Still, they're facing a mountain of cases – over 51,300 – and have earmarked a staggering $8.9 billion to settle these claims.

Where does that leave you?

If you’re a talcum powder user, you might be feeling a bit on edge. Here’s the gist: if you think your health woes might be tied to talcum powder, you’re not alone, and there could be a legal avenue open for you.

As of April 2023, J&J has set up a trust fund, planning to shell out over $12 billion to make amends to those affected by talcum powder-related cancers. If you or someone close has been hit with a diagnosis like ovarian cancer and you have a history with J&J’s talcum powder, there might be compensation on the table for you.

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Bottom line: While talcum powder has been as familiar as an old friend, it's important to stay in the know about what you're using. With all the legal dust-ups, companies might just have to clear the air about what's in their products.

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Mass torts vs. class actions at a glance

When we're talking about mass tort and class action lawsuits, we're discussing two distinct legal approaches used to handle claims where many individuals are harmed by the same entity or event.

Mass tort lawsuits are a way to handle legal cases where many individuals have been harmed, but each person's situation is distinct. Think of it like a neighborhood where every house has different damage after a storm. In a mass tort, each homeowner would file their own lawsuit, but because the storm is the common factor, the court groups the lawsuits together to manage them more efficiently. The key here is that each person retains their own case and has a say in how it's settled, which reflects their unique damages.

In contrast, class action lawsuits and class action settlements bring people together under a single legal action. It's as if the whole neighborhood decided to sue the storm together, with one or a few neighbors representing everyone's interests. Here, individual control is limited. The representative, known as the lead plaintiff, along with their legal team, makes decisions that affect the entire group. When it comes to the payout, it's typically split evenly, or based on a formula that applies to all members.

What's best for you?

Let's quickly sum up the main points to help you decide which legal route could work better for your situation:

• Control: More personal control in mass torts; limited control in class actions.

• Compensation: Individualized in mass torts; uniform in class actions.

• Applicability: Mass torts fit for varied individual damages; class actions for uniform damages across the group.

• Efficiency: Class actions can be quicker and use fewer resources by combining claims.

So, if you're part of a group that's been wronged and you're thinking about legal action, consider these points. Do you need to maintain control over your case, or are you okay with a representative taking the lead? Do your damages require individual attention, or are they similar enough to others to share in a collective claim? Your answers will help determine whether a mass tort or a class action is the best route for your situation.