Johnson & Johnson – TALC / ASBESTOS LITIGATION UPDATE!!
Just over a week ago, a jury in Los Angeles awarded the family of a women who died of mesothelioma $966 million against Johnson & Johnson finding the company’s talc baby powder contained asbestos and contributed to the woman’s cancer. The verdict is the most recent development in the storied talc litigation against Johnson & Johnson, who stopped selling the talc-based baby powder in 2020, switching to a cornstarch-based product. While Johnson & Johnson has successfully defended some lawsuits across the country, many others have resulted in substantial verdicts against the company with the Los Angeles verdict being the largest to date.
As to the claims, while effective at absorbing moisture (hence its use in cosmetics and hygiene products), talc is often contaminated with asbestos because the minerals in talc naturally form in close proximity to asbestos. Even with safe mining of the minerals, whether the talc has been contaminated may go undiscovered for some time. Despite decades of reassurance by Johnson & Johnson, among others, that talc was safe for use, as claimed, the company has long known of the potential for contamination.
Bankruptcy Settlement Rejected
Presently, Johnson & Johnson is facing lawsuits from a staggering 67,000 (or more) plaintiffs, all who claim to have developed cancer after using the company’s baby powder and other talc-based products. While the mesothelioma claims are small percentage of those surrounding Johnson & Johnson’s talc products, a majority of the lawsuits involve claims of resulting ovarian cancer. Johnson & Johnson contends its products are safe but have continued efforts to settle the entirety of the litigation it faces through a bankruptcy settlement. The most recent attempt at such resolution, Johnson & Johnson’s third such attempt, was an offer of $8.9 billion, payable over 25 years, to resolve all claims against Johnson & Johnson. However, all three attempts at a global resolution have been rejected by the federal bankruptcy court. Should Johnson & Johnson ultimately succeed in getting approval for a nationwide settlement of all claims, such a settlement would prevent individual cases from being decided by a jury and end the multi-district litigation (MDL) in place. Additionally, such an approval would also shield Johnson & Johnson from any future lawsuits. It is estimated that there may be another 100,000 or more viable talc claims that have yet to be filed.
How Things Stand
With the most recent rejection of the proposed settlement, the individual cases and MDL will now proceed, although it is anticipated that Johnson & Johnson will likely continue its efforts at getting a settlement approved. Until such a settlement is approved, these cases will continue to proceed in courts across the country, with many resulting in more substantial verdicts against Johnson & Johnson.
Do You Have A Claim?
If you or a loved one has regularly used talc-based baby powder or similar products and have been diagnosed with cancer, typically mesothelioma or ovarian, you may have a claim. If so, you should contact the products-liability attorneys at Cash Krugler Fredericks for a free case review.
For over 20 years, the attorneys at Cash Krugler Fredericks have fought for victims of defective and dangerous products across the country. These injuries are preventable, and those responsible must be held accountable. Contact ustoday for a free consultation.
