Individuals diagnosed with ovarian cancer and mesothelioma who used Johnson & Johnson’s talcum powder products are filing talcum powder lawsuits alleging that Johnson & Johnson knew about the risks of using talcum powder, but failed to warn the public of this risk.
Talcum Powder Lawsuit
- Last Updated: March 18th, 2024
Intro to the Talcum Powder Lawsuit
Furthermore, talcum powder lawsuits currently being filed against Johnson & Johnson allege that they marketed Johnson’s Baby Powder and Shower-to-Shower to women and children for hygienic use despite the known risk that it could cause ovarian cancer.
Table of Contents
Lawsuit Updates
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November 2023 Updates:
November 13th, 2023:
Los Angeles County in California has initiated a lawsuit against Johnson & Johnson, alleging that the company’s talc Baby Powder product is linked to mesothelioma, a rare and aggressive cancer associated with asbestos exposure.
The lawsuit contends that Johnson & Johnson was aware of the potential health risks but continued to market and sell talc-containing products, thereby contributing to public health issues, including cancer and severe illness.
This legal action is not the first time Johnson & Johnson has faced allegations and lawsuits related to asbestos in its products.
Previous cases have raised concerns about the company’s marketing practices, including accusations of targeting minority groups.
Although Johnson & Johnson had previously announced the discontinuation of talc-based baby powder production, it is still accused of selling it online.
Furthermore, the company’s attempts to evade liability through a legal tactic known as the “Texas Two-Step” have been thwarted by a judge in previous cases.
November 8th, 2023:
Johnson & Johnson is reportedly making a third attempt to file for bankruptcy on behalf of its subsidiary, LTL Management, in a bid to evade liability in the Talcum Powder Lawsuit.
J&J’s efforts to push its subsidiary into bankruptcy have caused significant delays in the Talcum Powder Lawsuit.
Following the rejection of their second bankruptcy attempt by the courts earlier this year, the Talcum Powder litigation was reopened, and thousands of lawsuits were added to the Multi-district Litigation (MDL).
On two previous occasions, the courts have denied J&J’s requests to file for bankruptcy, with judges citing the company’s lack of clear financial distress as the basis for their decisions.
Currently, there are 51,000 lawsuits filed against Johnson & Johnson, alleging that the use of talc in baby powder and similar products has led to cancer.
The litigation is in the preliminary stages of collecting information for trial.
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October 2023 Updates:
October 27th, 2023:
A New Jersey court has invalidated a $224 million judgment against Johnson & Johnson in a talcum powder lawsuit brought by four individuals who claimed to have developed cancer from the company’s products.
The appeals court determined that the expert testimony presented in the lower court was flawed and has ordered a new trial.
It’s important to note that this decision does not have any bearing on other Talcum Powder Lawsuits initiated by individuals who are also contending that their ovarian cancer resulted from Johnson & Johnson’s products.
Originally, Johnson & Johnson was instructed to pay $37.3 million to the plaintiffs in 2019, in addition to $186.5 million in punitive damages.
The company had contested this ruling, asserting that the experts’ testimony was unreliable.
It’s worth mentioning that Johnson & Johnson faces numerous lawsuits from individuals who allege that their use of talcum powder led to cancer.
The company maintains that its product is safe.
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September 2023 Updates:
September 25th, 2023:
In the two months following the removal of the bankruptcy stay in the Talcum Powder Litigation, an additional 10,000 cases have been included in the MDL (Multidistrict Litigation).
With the resumption of the Talcum Powder Lawsuit, a new presiding judge, Michael Shipp, has been appointed.
Judge Shipp has allocated multiple days for the execution of pretrial procedures, one of which permits both parties to introduce scientific evidence they consider pertinent.
It’s important to note that these presentations will not be used during the trial itself; instead, they are intended to enhance Judge Shipp’s understanding of the case, enabling him to issue appropriate rulings in the future.
September 11, 2023 Update:
Following the dismissal of its second bankruptcy filing, Johnson & Johnson faces accusations of attempting to further delay the Talcum Powder litigation by challenging an expert testimony that received approval over two years ago.
Despite J&J’s efforts to once again postpone the trial, Judge Shipp, overseeing the litigation, is determined to expedite the legal proceedings. Recently, he issued court orders aimed at enhancing efficiency and expanding representation.
In one such order, Judge Shiff mandated that all attorneys representing plaintiffs who passed away during the stay period must either submit a motion for substituting a suitable party or provide the court with reasons for not selecting a suitable party substitute. This action must be completed within a 180-day timeframe.
Additionally, another order issued by Judge Shiff established a structured process for filing Plaintiff Profile Forms (PPFs). These PPFs enable plaintiffs to consolidate crucial information and medical records, simplifying access to vital case details for the courts.
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July 2023 Updates:
The bankruptcy trial of LTL Management wrapped up in New Jersey recently.
The decision now lies with U.S. Bankruptcy Judge Michael Kaplan, who will determine whether to accept or reject the bankruptcy claim.
LTL Management is a subsidiary that was created to handle the talc powder lawsuits against J&J, aiming to prevent these cases from going before juries that had already granted substantial monetary awards.
Johnson & Johnson Talcum Powder Lawsuit
Over 9,000 talcum powder lawsuits are currently pending against J&J in courts across the United States on behalf of individuals who used Johnsons Baby Powder or Johnson’s Shower-to-Shower as infants or part of their daily feminine hygiene routine and believe it may be the cause of their ovarian cancer or mesothelioma.
Talcum Litigation is underway in various state courts, including St. Louis, New Jersey’s Bergen County Superior Court and Los Angeles, CA Superior Court.
If your situation sounds similar you may be entitled to significant compensation.
Each of the Talcum Powder lawsuits allege the following:
- Johnson & Johnson knew about the possible negative health effects of the company’s baby powder but never told consumers;
- They chose to market the talcum powder products to women and children for hygienic use despite the risks.
- J&J put their desire for profits before consumer safety by withholding information about the potential ovarian cancer risk associated with talc.
- J&J hid the fact that talcum powder contains asbestos
What is Talc?
Talc is the common ingredient in the soft, sweet-smelling powder products used on babies’ bottoms and by women in an effort to keep their skin dry and avoid rashes. Magnesium, silicon, oxygen and hydrogen come together to create Talc.
Johnson & Johnson’s Talcum Powder
Johnson & Johnson first developed baby powder in 1893, promoting it as a means of treating diaper rash in babies.
By 1913, J&J had begun to market the powder to women with slogans like:
“Best for baby, best for you.”
By 1965, J&J was producing print advertisements with coupons that included the phrase:
“Want to feel cool, smooth, and dry? It’s as easy as taking powder from a baby” and marketing pitches that promoted “A Sprinkle A Day.”
Over the next century, Johnson’s Baby Powder grew into a top selling product and is now commonly found in every home.
It continues to be promoted as a means of absorbing unwanted moisture and odors in babies and women.
The company still maintains that talc is a safe, essential part of makeup and skin care routines in many parts of the world.
Interestingly, the American Academy of Pediatrics doesn’t recommend using baby powder on babies – not because of the risk of cancer, but because babies are prone to inhaling the fine particles in the powder and damaging their lungs.
Ovarian Cancer
Ovarian cancer is the fifth most deadly cancer among women, causing more deaths than any other cancer affecting the female reproductive system, according to the U.S. Centers for Disease Control and Prevention.
More than 22,200 American women will likely be diagnosed with ovarian cancer each year, according to the American Cancer Society.
Older women (over 40 years of age) are more likely to be stricken with ovarian cancer than younger women, with the greatest number of cases occurring in women over age 63.
As early as the 1970’s scientists began looking at the connection between the dusting of female genitals with talcum powder and ovarian cancer.
Based on the marketing of these products to babies and as a feminine ritual, most people assume that such a common household item is safe to use.
Sadly, studies continue to confirm this connection – that talc particles applied to the genitals enter a woman’s reproductive tract through the vagina and continue to travel within the female body increasing the risk of ovarian cancer.
However, up until this point, these studies have been kept out of the public eye, confined to medical journals and blog posts.
Since the FDA has very limited regulatory power over talcum powder (it is classified as a cosmetic product), it appears that the only way to get consumers the real truth behind this link is through lawsuits.
Mesothelioma
Mesothelioma is a rare form of cancer that affects the mesothelial cells, the protective layer of tissue around the lungs, heart, and stomach that cushions the organs, prevents friction, and allows for free movement of the body.
Asbestos exposure is responsible for nearly all cases of mesothelioma, which leads to an estimated 2,000 to 3,000 deaths each year in the U.S.
On average, the prognosis for a patient is less than one year from the time of a mesothelioma diagnosis.
Exposure to asbestos dust is considered to be the main cause of mesothelioma, and it is believed that those currently suffering from malignant mesothelioma were exposed to asbestos at least 20 years ago.
Recent talcum powder cases allege that J&J sold their product for decades knowing it contained cancer-causing asbestos fibers.
Talc Use and Ovarian Cancer in African American Women
Although studies show that Caucasian women are at a higher risk than any other race to develop ovarian cancer, documents brought out during Talcum trials show that Johnson & Johnson intentionally targeted African American and Hispanic women in their advertising of “A Sprinkle A Day.”
A 2008 case-control study in Los Angeles found that 44% of African-American women reported using talcum powder, compared to only 30% and 29% of white and Hispanic women respectively.
And in fact, many African American and Hispanic women note that using talc for feminine hygiene was second nature and it had been a routine they followed as long as they can remember.
According to Jacqueline Salter Fox, many women in the African American community were taught to use Shower talc as part of their daily feminine hygiene routine.
The family of Jacqueline Fox was awarded $10 million in damages and $62 million in punitive damages and the jury charged J&J with fraud, negligence, and conspiracy.
African American woman who contract ovarian cancer as a result of talc use, have a much higher mortality rate – 7.2 black women per 100,000 died of ovarian cancer compared to 4.1 per 100,000 for all other races.
Talcum Powder Lawsuit Verdict Timeline
Johnson & Johnson is currently appealing several of these cases and has seen a few verdicts, despite their current verdict tally of $724 Million.
2013 – a federal jury in Sioux Falls, South Dakota found that Johnson & Johnson’s product that contained talcum did contribute to a woman’s ovarian cancer but, unusually, awarded no monetary damages to the family harmed.
Deane Berg was diagnosed with ovarian cancer in 2006 and used talcum-based products for hygiene purposes for about 30 years, including Shower-to-Shower body powder.
Ingham v. Johnson & Johnson – $4.69 Billion – July 2018
Eight-hours is all it took for a St. Louis jury to hand Johnson & Johnson their largest legal setback yet for their talc-based products – a $4.69 billion verdict for the role J&J played in asbestos-induced ovarian cancer of 22 women.
Unlike prior talcum trials, the Ingham v. Johnson & Johnson jury, was the first to hear evidence that Johnson & Johnson covered up evidence that their “sacred cow” product contained asbestos fibers for more than 40 years.
According to Susanne Scovern, a lawyer on the plaintiff’s trial team, “women deserve to know the truth about the products they use on a daily basis.”
Jackie Fox – $72 Million – February 2016
(currently overruled by Court of Appeals, pending Missouri Supreme Court hearing)
A Missouri jury ordered J&J to pay $72 million to the family of Jackie Fox, a woman who died of ovarian cancer in October 2015.
Of this verdict, $10 million was compensatory damages and the remaining $62 million was punitive damages intended to serve as a punishment to J&J for deliberately failing to warn consumers of the risk of ovarian cancer from the use of talc products.
It took the St. Louis jury only four hours to hold Johnson & Johnson responsible.
Speaking after the verdict, the head juror noted “It was really clear [Johnson & Johnson] was hiding something.
All they had to do was put a warning label on it.”
In October 2017, the Missouri Eastern District Court of Appeals threw out this verdict on the basis that Missouri lacked jurisdiction in the case.
It will next be heard by the Missouri Supreme Court.
Gloria Ristesund – $55 Million – May 1, 2016
(currently overruled by Court of Appeals)
A Missouri jury ordered J&J to pay $55 million to Gloria Ristesund, 62-year-old Sioux Falls, South Dakota woman who survived ovarian cancer.
Of this verdict, $5 million was compensatory damages and the remaining $50 million was punitive damages awarded by the jurors because they found that Johnson & Johnson internal documents recognized the risk of ovarian cancer with talc use and failed to warn the public.
Missiouri appeals court threw out the $55 million verdict on July 2, 2018 based on the fact that Ms. Ristesund should not have had jurisdiction to file a lawsuit in Missouri.
During closing arguments, Ristesund’s attorney showed jurors internal documents from J&J that noted the risk of ovarian cancer and noted…
“They can say whatever they want to with their fancy experts when they come up here that testify in litigation all the time.
This is what they said behind closed doors, when they’re in the house and they don’t think anybody’s listening. A whole different song and dance.”
Deborah Giannecchini – $70 Million – October 2016
A Missouri jury ordered J&J to pay $70 million for the talcum lawsuit found that Johnson & Johnson was negligent in making and marketing its talcum powder to a California woman whose complications from ovarian cancer caused the removal of her spleen, part of her stomach, part of her colon, all of her ovaries and her uterus.
Of this verdict, $65 million was found to be punitive damages assigned to J&J because the jury believed they should have warned consumers of the risk.
Lois Slemp – $110 Million – May 4, 2017
A Missouri jury ordered J&J to pay $110 million to a 62-year-old Virginia woman who used Shower-to-Shower for more than 40 years prior to her ovarian cancer diagnosis in 2012.
The jury found that J&J’s conduct warranted punitive damages in excess of $105 Million in order to send a message to J&J.
According to Daniel’s attorney, punitive damages were necessary and he noted:
“Once again, we’ve shown that these companies ignored the scientific evidence and continue to deny their responsibilities to women of america.
They chose to put profits over people, spending millions in efforts to manipulate scientifc and regulatory scrutiny. – attorney for lois slemp, may 2017.”
Eva Echeverria – $417 million – August 21, 2017
(Overturned on 10/21 by a Los Angeles judge, currently pending a new trial based on errors in the trial).
The first California state jury to evaluate the link between J&J’s talcum powder products and ovarian cancer awarded Echeverria $417 million of which $347 million was punitive damages meant to send a message to J&J.
Unfortunately, Eva Echeverria died just after learning of the verdict but Echeverria’s attorney continued the fight for the other women who would still learn of an ovarian cancer diagnosis, noting:
“They’re not ever going to warn, unless y’all do something about it.
While johnson & johnson comes in here and plays these legal games, the collateral damage is thousands of women including ms. Echeverria.”
Steven Lanzo – $117 million – April 4, 2018
(Upheld on June 27, 2018 by the New Jersey State Judge, Johnson & Johnson will now seek to appeal this decision at the Court of Appeals)
New Jersey jury awards Stephen Lanzo $37 million in compensatory damages and $80 million in punitive damages after finding that J&J’s acted with reckless indifference in selling asbestos-containing talcum powder that contributed to a man’s development of mesothelioma.
Stephen Lanzo alleged that he developed mesothelioma as a result of exposure to J&J’s talcum powder products starting as an infant in the 1970’s:
“J&J was selling a product for decades and decades and decades that had cancer-causing fibers and its taken time for them to take action and stop doing what they’ve done for years and years and years.”
Joanne Anderson – $25.7 million – May 17, 2018
Los Angeles jury awards Joanne Anderson $21.7 million in compensatory damages and $4 million in punitive damages after finding that asbestos in J&J’s Talc baby powder was responsible for her mesothelioma.
Joanne Anderson claimed she developed malignant mesothelioma as a result of her exposure to asbestos using J&J baby powder on her children and regular use on her hands and shoes during her years as an avid bowler.
Her attorneys estimated Joanne used talcum more than 10,000 times:
“We can only hope these verdicts help j&j see what the rest of us do.
They are selling cancer-causing powder for use on the most helpless of us – children.”
Verdicts holding for J&J include:
Nora Daniels – March 3, 2017 – The fourth Missouri trial ended in a victory for Johnson & Johnson and Imerys Talc America when the jury cleared them of responsibility for Daniels’ ovarian cancer.
Brandi Carl and Diana Balderrama – October 2016 – A New Jersey judge granted J&J’s summary judgment request ending the trials of two women diagnosed with ovarian cancer based on the fact that the methodologies utilized by the experts appeared to be litigation-driven, rather than scientifically and objectively grounded.
Bertilla Boyd-Bostic – May 2018 – A South Carolina jury could not decide if J&J was responsible for the mesothelioma that killed a 30-year old attorney, leading to a mistrial. It is likely this case will be retried.
Rosalind Henry – October 11, 2018 – New Jersey – Johnson & Johnson defeated claims that Rosalind’s alleged exposure to asbestos in talcum powder contributed to her mesothelioma.
This verdict comes six months after jurors in the same courtroom awarded $117 million in damages against J&J over claims that a man’s exposure to the company’s alleged asbestos containing baby powder contributed to his mesothelioma.
Talcum Powder Lawsuits Outside the United States
In 1971, British researchers analyzed 13 ovarian tumors and found talc particles “deeply embedded” in 10 of them.
A group of nearly 20 Irish women diagnosed with ovarian cancer are contemplating filing a talc lawsuit against Johnson & Johnson regarding an alleged link between the company’s product and the deadly disease.
Based on news provided by the Irish Times, these women have been waiting for the result of appeals filed in US Talcum Powder cases.
Other Talcum Powder Lawsuits
Canadian drugmaker Valeant paid more than $150 million for the rights to Johnson & Johnson’s talcum powder in 2012, and now they face more than 33 talcum powder ovarian cancer lawsuits.
In June 2017, Valeant CEO Joseph Papa commented to investors and analysts, “it is our belief that J&J has obligations to pay for our legal defense and to indemnify Valeant”
Frequently Asked Questions
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How Do I Pick a Talcum Powder Lawyer?
We believe the best lawyer is one that is both available to you as well as the one that gives you the best chance at compensation.
TruLaw Talcum Powder Lawyers fit this criteria.
After signing the TruLaw contract, you will be introduced to more of your Talcum Powder legal team.
The TruLaw lawyers and legal team are available to you via email or phone calls – you will find that you have many options for contacting us.
Most important to our clients is finding a lawyer that can get them maximum compensation so that they can take care of themselves while fighting ovarian cancer.
TruLaw has a proven talcum legal teams who, in our experience, produce the best chance of recovery on your behalf.
In order to get maximum compensation against a large company like Johnson & Johnson, your lawyer needs to have resources – time and money.
TruLaw and our partner law firms have the resources necessary to see your case through to the end.
TruLaw and our partner law firms have successfully collected over $3 billion through verdicts and settlements on behalf of injured individuals in all 50 states.
We look forward to successfully assisting you as well.
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How Can a Talcum Powder Lawsuit Help?
Talcum Powder lawsuits are designed to help you or your loved one financially recover while fighting the ovarian cancer that we believe may have been caused by Johnson & Johnson.
Your lawsuit should assist in covering your medical bills, the amount of income and benefits that you lost as a result of your ovarian cancer fight.
In addition, it is always our hope that your lawsuit will help us to get word out about dangerous products currently on the market.
And, in the case of Johnson’s Baby Powder, we hope that the company will acknowledge their error in marketing this product to women for genital use and compensate those women during their time of need.
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Is there a Talcum Powder Class Action?
There is no Talcum Powder class action lawsuit.
We often hear injured people refer to their personal injury case as a “class action” because their case was grouped together in a lawsuit with other injured people.
Many Talcum Powder cases have been grouped together so the attorneys and judge can address common procedural issues initially, saving time for the injured parties and the court, but this is very generally referred to as a “mass tort.”
A motion was filed on July 15 with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate numerous talc lawsuits against Johnson & Johnson arising from the risks associated with ovarian cancer.
The J&J talc-ovarian cancer lawsuits were consolidated by the Judicial Panel on Multidistrict Litigation in October 2016 under the Honorable Freda L. Wolfson and Honorable Lois H. Goodman in the United States District Court of New Jersey.
Johsnon & Johnson Talcum Powder Litigation MDL 2738 makes the common allegations that talc-based powders cause ovarian or uterine cancer, whether J&J knew or should have known about the connection between the company’s talc products and cancer, and whether the company sufficiently warned consumer about the associated risks.
Talcum Powder MDL Special Master
A special master has been assigned to oversee discovery in the talcum powder MDL related to litigation alleging J & J’s talc-based products cause ovarian cancer and uterine cancer.
Retired U.S. District Judge Joel A. Pisano will settle all disputes related to discovery in J&J Talcum Powder MDL 2738, according to an order issued by U.S. District Judge Freda L. Wolfson.
Judge Pisano has previously overseen a range of civil and criminal cases during his judicial career, including an MDL that consolidated a number of lawsuits filed over Merck’s osteoporosis drug Fosamax.
Judge Pisano was appointed as a U.S. Magistrate Judge for the District of New Jersey as well as being appointed as U.S. District Judge by Bill Clinton.
He retired from the judiciary in 2015 after more than 20 years spent on the federal bench and is now in private practice.
Special masters are often appointed by the court in multidistrict litigations to monitor and adjudicate discovery issues and help facilitate the settlement of cases on a continuing basis.
They often hear appeals in situations where plaintiffs may dispute the settlement value of a particular case.
More Decisions in Talcum Powder MDL
In other developments related to the talcum powder litigation, women involved in the MDL last month said that they should be allowed to obtain samples of J&J’s talcum powder products that are alleged to cause cancer, claiming that there is no proof that they will be destroyed in testing.
The move is seen as a strike back against J&J’s attempt to prevent parties from trying to obtain samples of the company’s talcum powder products.
The women have not yet formally requested the samples, and are still discussing what types of testing should be used, how many tests are necessary, and how much of the talc will be required in the samples.
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Has There Been a Talcum Powder Settlement?
As of today, several high profile Talcum Powder lawsuits have moved forward and juries have awarded women diagnosed with ovarian cancer a total of $724 Million dollars, but there have been no settlements.
TruLaw is hopeful that productive settlement discussions will happen soon in order to compensate the thousands of women who believe their use of talcum powder resulted in a diagnosis of ovarian cancer.
We will continue to update this page and our clients as resolution happens.
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Have you seen a Taclum Powder Cancer Commercial?
Did a recent Taclum Powder commercial grab your attention?
Did you find our site because you were wondering if you or your loved one qualifies for the talcum powder lawsuits?
We built the Talcum Powder Instant Case Evaluator ℠ as a no cost/no obligation place for you to find answers about your legal rights.
If you found us today, you are looking for instant answers to whether you should file a lawsuit and we want to help you.
We believe that in order for you to make important decisions about your health and your legal rights, you need to start with information.
We provide you this valuable information so you are prepared to talk to a lawyer.
Written By:
Jessie Paluch
Experienced Attorney & Legal SaaS CEO
With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three. She spent the first decade of her career working as an international tax attorney at Deloitte.
In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.
In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!
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