Ovarian cancer is a type of cancer that develops in the ovaries. It is a serious condition and one of the most common types of gynecologic cancers. It is often called the “silent killer” because its symptoms can be vague and easily mistaken for other conditions.
Common symptoms include abdominal bloating, pelvic pain, difficulty eating or feeling full quickly, frequent urination, and unexplained weight loss.
While the causes of ovarian cancer include age, genetic factors, obesity, and more, in recent years, we have started to discover another potential cause – talcum powder. In this article, we will look at the latest update from the litigation that Johnson & Johnson is facing.
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What Is the Johnson & Johnson Lawsuit About?
Johnson & Johnson has faced a series of talcum powder lawsuit cases for their talc-based baby powder. These lawsuits allege that the use of Johnson & Johnson’s baby powder caused ovarian cancer and other health issues in individuals who regularly used the product.
The controversy surrounding Johnson & Johnson’s talcum powder began in the early 2000s when several scientific studies suggested a potential link between talcum powder use and ovarian cancer.
Some of these studies indicated that talc particles, when used in the genital area, could travel through the reproductive system and reach the ovaries, leading to inflammation and the development of cancer cells.
However, Johnson & Johnson remains firm and supports their product to this day. They also claim to support the “decades of independent scientific analysis” that found no asbestos in talc-based baby powder and no links to cancer.
Despite the company’s confidence, the Food and Drug Administration (FDA) found chrysotile asbestos in bottles from a pharmacy. This caused the company to recall about 33,000 bottles in 2019.
J&J ran its own tests and claimed to an increasingly skeptical public that they found no trace of asbestos.
What Has Been Happening in Court?
Thousands of lawsuits have been filed against Johnson & Johnson by individuals who used their talc-based baby powder products. These include Baby Powder and Shower-to shower. Plaintiffs in these cases have argued that the company knew about the potential risks associated with talc use. Despite having prior knowledge, they failed to adequately warn consumers.
The first significant verdict against Johnson & Johnson came in 2013 when a jury awarded $72 million in damages to the family of a woman who had died from ovarian cancer. Subsequent trials resulted in both favorable and unfavorable outcomes for the company.
Some juries found Johnson & Johnson liable and awarded substantial compensatory and punitive damages to plaintiffs, while others ruled in favor of the company.
In 2018, a jury in Missouri awarded $4.7 billion in damages to twenty-two women who claimed that Johnson & Johnson’s talc-based powder was responsible for their ovarian cancer. However, the company has appealed many of these verdicts, and some have been overturned or significantly reduced on appeal.
What Has Been Happening in 2023?
Tired of the extended litigation, Johnson & Johnson has been trying its best to close the case as early as possible. They tried to create a subsidiary company, LTL Management LLC, to get the lawsuit away from the Johnson & Johnson brand name.
They then tried to have this subsidiary company file for bankruptcy. The attempt was denied in court but is still being appealed.
On April 4th, reports came out that Johnson & Johnson offered $9 billion to settle over 40,000 baby powder lawsuits.
However, even with this relatively large settlement figure, the company continues to push the bankruptcy angle for its subsidiary company. TorHoerman Law, LLC reported that a final decision would be made by Judge Kaplan.
For things to move forward now, 75% of plaintiffs need to reach a decision about whether or not to accept the settlement amount. They will also need to come to an agreement about whether or not to accept the subsidiary company’s motion for bankruptcy.
If three are no more hitches, the case might be nearing closure once both the bankruptcy and settlement amount are accepted. If that happens, a Talc Trust backed by $12.08 billion over the next 25 years will be formed. This trust will be responsible for paying future claimants who suffered side effects from Johnson & Johnson’s talc-based products.
Conclusion
Johnson and Johnson ceased sales of its talc baby powder in the U.S. in 2020 with a statement that “misinformation” had caused a decline in sales. However, it looks like the “misinformation” will be costing them settlements in the double-digit billions of dollars very soon. Their talc baby powder is still sold in countries outside of North America but will be off the shelves by this year.