Talcum Powder Causing Cancer Lawsuit | Complications and Ovarian Cancer
The Talcum Powder lawsuits against Johnson & Johnson involving its talcum powder have made headlines recently in the wake of several large jury verdicts against the company. The talcum powder has been alleged to have caused mesothelioma and ovarian cancer cases among women, and some men. The victims claim that the powder contains asbestos. The company has been facing staggering liability that has knocked down its share price. Johnson & Johnson has already had awards of over $5 billion assessed against it. Johnson and Johnson faces more possible liability in the future as there are over 10,000 pending cases alleging a connection between its flagship product talcum powder and cancer. If talcum powder caused you cancer, you need to cease searching on google for “talcum powder causing cancer” and retain an attorney to hold Johnson and Johnson accountable for any wrongdoing.
Talcum powder lawsuit
Generally accepted lawyer criteria to accept a Talcum powder lawsuit:
- The victim must have applied Johnson & Johnson Baby Powder or Shower to Shower at least 1 time per day for a four year period or 2 times a day for a two year time period.
- The use must have been taken place post 1982. (not all firms require this express criteria)
- You must have used the talcum powder in the genital area. (at least dusted)
- The victim must be a female.
- You must have a diagnosis of Ovarian Cancer or Fallopian Tube Cancer and such diagnosis must be in 2005 or after 2005. (some firms will accept pre 2005 if you have a surgical pathology report)
- Some law firms will only accept victims between 25-75 years old.
- Some firms will accept a diagnosis of mesothelioma, cervical cancer or lung cancer diagnosis as well as ovarian Cancer.
- Some law firms require a positive biopsy indicating evidence of talcum powder.
- Some law firms will not accept a victim that has a genetic disorder pre-disposing her to ovarian cancer. These genetic disorders include BRCA 1 gene or BRCA 2 gene.
Talcum powder lawsuit updates- January 10, 2024- Johnson & Johnson will compensate about $700 million to settle an inquiry by over 39 states investigating J& J’s marketing of its infamous talc powder. This inquiry related to the companies alleged refusal to warn vitims of the dangers of talcum powder.
Nov 16, 2023 – Johnson & Johnson settled two talc lawsuits which asserted that talcum powder lead to cancer. These two settlements occured after J & J’s attempted bankruptcy ploy was stymied by the Courts.
November 5th, 2023– An NJ Court threw out a $224 million talcum powder verdict in favor of a victim against Johnson & Johnson. This mammoth verdict was awarded to four victims who asserted that they were diagnosed with cancer as a result of utilizing J & J’s talcum-powder. The appeals court made up of 3 justices sent the case back to the trial Court for another jury trial. The applate Court determined that expert testimony was flawed.
July 2023- Justice Michael Kaplan who sits on the U.S. Bankruptcy Court for the District of New Jersey, determined that the bankruptcy case would be thrown out, reasoning that the talcum powder lawsuits did not place J& J in “imminent or immediate financial distress.” In the beginning of 2023, the U.S. Court of Appeals for the Third Circuit sitting in Philadelphia, Pennslyvania Threw out the first bankruptcy ploy, reasoning in the same manner.
June 27th, 2023- “Alameda, CA – Opening statements in Valadez v. Johnson & Johnson began in the Superior Court of the State of California, County of Alameda on May 31. US Chief Bankruptcy Judge Michael Kaplan permitted the trial to go forward despite a stay on most talcum powder lawsuits pending resolution of J&J subsidiary, LTL Management’s petition for bankruptcy. Anthony (Emory) Hernandez Valadez is not expected to survive through the summer. The trial is his last chance for a day in court before he dies. Even if he prevails, neither he nor his estate will receive anything until the bankruptcy issue is resolved.” Lawyers and settlements
April 5th, 2023- “NEW BRUNSWICK, N.J. — Johnson & Johnson is earmarking nearly $9 billion to cover allegations that its baby power containing talc caused cancer, more than quadrupling the amount that the company had previously set aside to pay for its potential liability. Under a proposal announced Tuesday, a J&J subsidiary will re-file for Chapter 11 bankruptcy protection and seek court approval for a plan that would result in one of the largest product-liability settlements in U.S. history. The $8.9 billion that J&J would transfer to the subsidiary, LTL Management, would be payable over the next 25 years. The amount is up from the $2 billion that the New Brunswick, New Jersey, company set aside in October 2021.” NPR
September 26, 2022- “A number of lawmakers are pushing the Department of Justice for information about the status of a criminal probe of Johnson & Johnson, and the company’s marketing of Baby Powder and other talcum powder products that contained asbestos. U.S. House representatives Rosa L. DeLauro and Steve Cohen recently wrote letters to the Justice Department and Attorney General Merrick Garland, seeking an update on the criminal probe launched in 2019, to investigate whether Johnson & Johnson knowingly marketed asbestos-tainted talcum powder products to the public.” about lawsuits
February, 2022- The U.S. Bankruptcy Court of New Jersey extended an automatic stay that prevents talcum claimants from collecting against non-debtors at the request of LTL Management. LTL is an indirect subsidiary of Johnson & Johnson that traces its roots to Johnson & Johnson Baby Products. It is also the subsidiary liable for paying claims arising out of the use of talcum in its baby powder. The court encouraged the parties to move toward mediation and said it would revisit continuation on June 29, 2022, or 120 days after the opinion. The ruling has the effect of halting lawsuits against J&J and retailers who sold the powder.” your case works
On Oct. 14, 2021, LTL filed a petition for relief under Chapter 1 1in the U.S. Bankruptcy Court in the Western District of North Carolina. “In October 2021, J&J dumped all its debt and liability into a company called LTL Management LLC. LTL immediately filed for bankruptcy and the bankruptcy judge has temporarily halted talcum powder litigation until early 2022.” Id.
1 -22-2021- “A federal judge in California last week dismissed a talcum powder lawsuit against global health and personal care products giant Johnson and Johnson. Claimants Louisa Gutierrez and Debbie Luna alleged that they were “misled” about asbestos in Johnson and Johnson’s talcum powder by company advertising implying the powder was safe. On Jan. 22 U.S. District Court Judge Todd Robinson dismissed the talcum powder lawsuit “with prejudice,” which means that the decision is final and can’t be appealed or corrected, as reported by Law360.” Med Truth
1-12-2021- “Imerys SA is pressing ahead in an effort to get out from under lawsuits over its U.S. mining operation, Imerys Talc America Inc., over the protests of health-care company Johnson & Johnson . The Imerys talc-mining business, which supplied talc for Johnson’s Baby Powder, had been hit with lawsuits claiming the product caused cancer. It was placed into chapter 11 protection in 2019 and sold in 2020 for $223 million, with the proceeds earmarked for a trust to pay cancer claims. It is now trying to win court permission to seek creditor approval of its bankruptcy repayment plan. Johnson & Johnson, which has denied liability and is fighting the lawsuits, says Imerys Talc’s bankruptcy is an improper effort to immunize the mining company’s French parent, and make it easier for cancer victims to sue Johnson & Johnson. “J&J believes in the safety of its products,” said Ronit Berkovich, a lawyer for Johnson & Johnson.” WSJ
11/05/2020- “The first virtual trial involving cosmetic talcum powder ended abruptly this week after the plaintiff, a 54-year-old man with mesothelioma, became too ill to communicate with his attorneys. Alameda County Superior Court Judge Stephen Kaus told jurors, via Zoom, that he would have to declare a mistrial.” Law
11/03/2020- “Missouri’s highest court on Tuesday refused to consider Johnson & Johnson’s JNJ.N appeal of a $2.12 billion damages award to women who blamed their ovarian cancer on asbestos in its baby powder and other talc products. The Missouri Supreme Court let stand a June 23 decision by a state appeals court, which upheld a jury’s July 2018 finding of liability but reduced J&J’s payout from $4.69 billion after dismissing claims by some of the 22 plaintiffs. Johnson & Johnson said it plans to appeal to the U.S. Supreme Court. It said the verdict was the product of a “fundamentally flawed trial, grounded in a faulty presentation of the facts,” and was “at odds with decades of independent scientific evaluations confirming Johnson’s Baby Powder is safe, does not contain asbestos and does not cause cancer.” (Reuters)
10/13/2020- “After a seven-month lull due to COVID-19, talcum powder litigation is back in the news and in a big way. According to a Bloomberg report, Johnson & Johnson used the trial hiatus to hold settlement talks. And after four years of litigation, the company for the first time has agreed to a set of major talcum powder settlements. Johnson & Johnson will reportedly pay $100 million to settle more than 1,000 lawsuits that allege its talc-based baby powder causes cancer. The settlements include more than 75 mesothelioma cases brought by Simmons Hanly Conroy, according to Bloomberg.” Drug watch
8/07/2020- “A New Jersey appeals court’s decision to revive two lawsuits accusing Johnson & Johnson’s iconic Baby Powder of causing cancer may lead to the reinstatement of about 1,000 suits targeting the talc-based product. A three-judge panel of the New Jersey Superior Court said Wednesday a trial judge erroneously threw out expert testimony backing up claims by two women that talc caused their ovarian cancers, clearing the cases for trial. The ruling could also affect other talc cases on hold before the same judge.” Insurance Journal
6/23/20- “On June 23, in a unanimous decision, a three-judge panel of the Missouri Court of Appeals for the Eastern District reduced the damages awarded by the jury in a 2018 trial that linked Johnson & Johnson talc products to cancer, by more than half from $4.7 billion to $2.12 billion, even as it upheld the verdict itself. J&J had appealed the massive verdict in favor of 22 women suffering from ovarian cancer and continues to maintain its product is safe and asbestos-free.” Versus
5-19-2020- “Johnson & Johnson is discontinuing North American sales of its talc-based baby powder, a product that once defined the company’s wholesome image and that it has defended for decades even as it faced thousands of lawsuits filed by patients who say it caused cancer.The decision to wind down sales of the product is a huge concession for Johnson & Johnson, which has for more than a century promoted the powder as pure and gentle enough for babies. The company said on Tuesday that it would allow existing bottles to be sold by retailers until they ran out. Baby powder made with cornstarch will remain available, and the company will continue to sell talc-based baby powder in other parts of the world.” NY Times
What is Talcum Powder?
Many people have come to associate Johnson & Johnson with baby powder. The product is made out of talc, which consists of magnesium, silicon, and oxygen. The product is intended to remove excess moisture from the skin and keep it soft. The product is one of Johnson & Johnson’s highest grossing offerings on the market. According to Johnson & Johnson’s annual report, the Skin Care and Baby Care product segments were responsible for over $6 billion of revenues in 2017.
Talcum powder lawsuit
“Johnson & Johnson paid a steep price this year for claims that its celebrated baby powder was contaminated with asbestos. Problem is, 2019 could be even worse. A jury ordered the company in July to pay $4.69 billion to 22 women who blamed the talc-based product for causing their ovarian cancer. The prospect of similar judgments helped erase $45 billion in J&J’s market value, with the shares headed for their biggest annual loss in a decade.” Bloomberg
“Next year, the world’s largest maker of health-care products is scheduled to face almost three times as many baby-powder trials. Four will be in St. Louis, the same state court where the company lost the July verdict. Several of the trials involve multiple alleged victims, including one with 38 women set to start in August, according to court filings.” Id. “The increased number of trials, especially in what is considered a plaintiff-friendly venue like St. Louis, doesn’t augur well for J&J,’’ said Elizabeth Burch, a University of Georgia professor who teaches about mass-tort law. “The more they lose, the more cases will be filed. I just don’t see how they are going to get a handle on this litigation.’’ Id. “The pendency of the state court litigation thus demonstrates the need for centralization of this litigation.” In re Johnson & Johnson Talcum Powder Prods. Mktg., Sales Practices & Prods. Liab. Litig., 220 F. Supp. 3d 1356, 1358 (J.P.M.L. 2016)
What types of questions will my talcum Powder lawyers ask me?
- Did you ever use talc powder in your genital / private area?
- Do you have any of the following types of cancer: Ovarian cancer, Peritoneal cancer, Fallopian tube cancer, Omental cancer, Cervical cancer, Endometrial cancer, Uterine cancer, Valvar cancer, Vaginal cancer or other cancer?
- What talcum powder did you apply? Shower to Shower or Johnson’s Baby Powder?
- Did you purchase the talcum powder product at Publix, Kroger, Target, Wal-Mart, CVS, Walgreens or Rite Aid?
- Date commenced using Talcum powder and date ceased using talc powder?
- How many times during the course of a day did you use talc?
- Was there a time period where you did not use the powder?
- Do you have any witnesses who saw you using the powder?
- What are the nature of your complications and symptoms?
- what made you cognizant that your cancer was caused by your use of talcum powder?
- Names and addresses of all hospitals and treatment providers?
- Are you in cancer remission?
- Have your ovaries or fallopian tube ever been removed?
- Do you have a prior diagnosis of cancer?
- Is there a history of cancer in your family?
Links Between Talcum Powder and Cancer
However, it has been alleged that the talc powder contains asbestos in addition to its other ingredients This is what is leading to the increase in talcum powder lawsuit. Notwithstanding Johnson & Johnson’s denials, talc and asbestos occur near each other in the ground. Many other products, such as Crayola crayons, that are made with talc, have also been shown to include traces of asbestos.
Although the Cosmetic, Toiletry, and Fragrances Association issued voluntary guidance in 1976 that stated that talcum powder should be asbestos free, there have been many reports of cancer that has been linked to talc powder. Specifically, talcum powder has been alleged to be the cause of ovarian cancer in women. Normally, one in every 75 women will develop ovarian cancer over the course of their lifetime. However, usage of talc powder can increase a woman’s risk of developing ovarian cancer by roughly 33 percent according to a study published in the European Journal of Cancer Prevention.
Talcum powder ovarian cancer
Johnson & Johnson continues to sell talc-based powders despite the reports of the linkage to ovarian cancer. There has been nothing that has disproved the allegation of the causal relationship between talcum powder and cancer. Although the FDA did not find concrete traces of asbestos in talc when it tested in 2009, it pointedly refused to rule out the fact that talc powder could contain asbestos. The FDA has released no further studies even as the evidence that talc can cause cancer mounts. The World Health Organization has stated that genital use of talc baby powder as possibly carcinogenic although the Centers for Disease Control has not yet issued that finding.
Lawsuits Filed Against Johnson & Johnson
There have been a large number of talcum powder lawsuits that have been filed against Johnson & Johnson seeking compensation for harm that has allegedly been caused by talcum powder usage. Although Johnson & Johnson has won some of these baby powder lawsuits, the number of verdicts against the company has been rising. baby powder lawsuit , Plaintiffs, have won over $5 billion in awards against the company.
Presence of asbestos in the talc powder makes it dangerous
The complaints have alleged that Johnson & Johnson has known that its talc powder contains asbestos since 1973, which was two years after the first report of a linkage. However, according to the plaintiffs, Johnson & Johnson manipulated the test results to show that its products were safe. The presence of asbestos in the talc powder makes it dangerous and unfit for its ordinary use. The plaintiffs have claimed that not only did Johnson & Johnson know of the dangerous nature of its product, but it had the duty to warn its customers of the potential harms they could face from using the product and did not do so. Despite these known dangers and the increased amount of talcum powder lawsuit lawyers, the company continued to sell the product.
Talcum Powder causing cancer
The company had won many of the initial cases that were filed against it. However, the cases have recently been broadened to include allegations of asbestos in the powder. In addition, there are now claims that have been filed alleging that the talc powder causes mesothelioma in addition to ovarian cancer. In April 2018, Johnson & Johnson lost its first major lawsuit in this series of litigation when a jury awarded $117 million to a man suffering from mesothelioma. In addition, the company lost another case in California the following month.
Ovarian cancer and talcum powder
Johnson & Johnson recently lost a landmark case in this series of lawsuits. In Missouri, 22 women filed suit against Johnson & Johnson, claiming that they developed ovarian cancer after using talc powder. After a five-week trial, the company was found to be liable for the cancer. The jury needed only 45 minutes of deliberations to assess $4.14 billion of punitive damages against the corporation. In addition, the jury found that the plaintiffs were entitled to $550 million in compensatory damages for a total award of $4.7 billion. The trial judge affirmed the jury’s verdict, but Johnson & Johnson has promised to appeal the talcum powder cancer verdict as its stock took a major hit on the news of the jury’s verdict.
Baby powder and ovarian cancer
Currently, there are over 10,000 claims pending against Johnson & Johnson related to talc powder. Although the tide appeared to have been turning, the company’s legal liability is far from a settled issue. The company recently did obtain a favorable verdict in a case in New Jersey as well another one in California. Nevertheless, the threat of the large liability that Johnson & Johnson faces has served to suppress the share price. There are many claims that are still pending and there is now some precedent for finding the company liable for the connection between talc powder and cancer.
When you contact an attorney to discuss your case, you can receive an assessment of your chances of obtaining compensation for any harm that you may have suffered by using talc powder. The attorney can advise you of your legal rights and can explain the process for achieving a legal remedy.
Talcum Power
The links between talc powder and ovarian cancer are hotly disputed, even as the matter is well into litigation. There have been numerous scientific studies that have demonstrated that there is some linkage between the two. In addition, there have been some internal communications unearthed that have shown that Johnson & Johnson was at least informed about a possible connection between talc powder and ovarian cancer as far back as the late 1960s. Nevertheless, Johnson & Johnson continues to advance the results of its own research to deny that usage of talc powder causes cancer.
Connection between talc powder and cancer
The first study that indicated that indicated a possible connection between talc powder and cancer was released in 1968. While the study did not conclude that there was a direct causation, it suggested that there may be a linkage between ovarian cancer and the usage of talc powder. This particular connection was due to the similarity between talc and asbestos and the possibility that talc powder could contain asbestos. The conclusion was reached as a result of animal research which showed that the application of talc powder made cells abnormal.
The next major study in this area was issued in 1971. The researchers studied samples of the tissue from patients who had ovarian cancer. While there were no asbestos particles spotted in any of the tissue extracted and studied, three quarters of the tumors surveyed were found to contain particles of talc powder. The study noted that talc and asbestos particles are often indistinguishable from each other in appearance. The tumors had a similar “decoration pattern” to that of talc. In addition, talc particles were found to be deeply embedded within the tumors. This finding applied not just to ovarian tumors, but also to tumors that were located within the cervix. However, the proportion of cervical tumors that contained talc was slightly lower than that of the ovarian tumors. Talc particles were also found to be a part of breast tumors.
Study that was performed in 1982
It is important to note that this study did not make a declaration that talc was responsible for the tumors. However, it did note the prevalence of talc within a majority of the tumors that were in the sample. This study did set the stage for further research work to be conducted in this area. There was a larger study that was performed in 1982 by Dr. Daniel Cramer of the Brigham and Women’s Hospital. Dr. undertook a study of the epidemiology of ovarian cancer. The researcher was not necessarily trying to establish a link between talc powder and ovarian cancer, but only to ascertain risk factors and biomarkers for the disease. Dr. Cramer concluded that one of the events that increased risk for ovarian cancer was cosmetic talcum powder use. Dr. Cramer studied over 400 women and concluded that the risk of cancer was increased both by cosmetic usage and well as through sprinkling talc powder on a sanitary napkin. He specifically looked at usage in the genital area when studying the possible links between talc powder and ovarian cancer.
Dr. Cramer argued that the fact that talc did not break down in the body meant that the particles could travel throughout the body. Specifically, they could move from the vagina, uterus, and fallopian tubes to the ovaries and cause tumors there. Dr. Cramer published several other studies examining the connection between the two. He also met with Johnson & Johnson executives to discuss the results of his study with them. Dr. Cramer has continued to publish research into this are for over 30 years. He has been retained as an expert witness in some of the lawsuits that have been filed against Johnson & Johnson.
More recent research studies
The more recent research studies have also continued to advance this theory. From the outset of the research until 2008, there were no fewer than 16 studies that advanced some sort of tie between talc powder and ovarian cancer. One, undertaken in 2006, focused specifically on talc usage in the genital area as a potential cause for ovarian cancer. In 2008, there was a study that cast some doubt on the linkage. A 2014 editorial stated that one of the problems in reaching a conclusion of a connection was the reporting bias involved. In other words, women who have ovarian cancer and believe that they contracted it after using talc would be more likely to report the cancer. In addition, talc content among products is not uniform and it is difficult to quantify how much talc each of the women who reported cancer used.
2014 study of 61,000 women
Other studies have reached differing results. A 2014 study of 61,000 women concluded that there was no link between talc powder and ovarian cancer. A 2016 study of 600 African-American women postulated that there was a moderate linkage. There is research that can be used by both sides of the argument.
One thing that is established is that Johnson & Johnson has long been aware that there is at least a potential connection between talc and cancer, notwithstanding its firm denial of the fact. In December 2018, Reuters issued a special report that covered the issue of what Johnson & Johnson knew and when they knew it. Reuters examined internal company documents that dated all the way back to 1971, which was when study results about possible ovarian cancer were just starting to be published. Reuters even found a mention of research results from the late 1950s that speculate about talc powder being tainted.
Johnson & Johnson subjects its own products to internal testing
Johnson & Johnson subjects its own products to internal testing. At least some of the test results, including three in the early 1970s, have showed that talc powder contained some level of asbestos. However, the company has also received test results that have reached the opposite conclusion. While Johnson & Johnson has been confronted with its own internal documents that acknowledge that talc powder contains asbestos, they have attempted to explain it by saying that it is the industrial talc powder that contains asbestos. The company denies that its talc powder for personal use contains any asbestos.
The company found tremolite and another mineral that can occur as asbestos as early as 1967
The company had found tremolite and another mineral that can occur as asbestos as early as 1967. In 1971, a team of researchers had sent results of their own tests to Johnson & Johnson that found asbestos in talc powder. However, Johnson & Johnson argued that their talc contained only traces of asbestos and that any suggestions to the contrary were part of a concerted campaign by company opponents hostile to the use of talc. What is clear is that the possibility that asbestos is carcinogenic is not a new one and is an issue that the company has been dealing with for over 50 years no matter how vehemently it denies the linkage.
Upcoming Trials Involving Talc
In the meantime, Johnson & Johnson faces nearly 12,000 talcum powder lawsuits by women who claim that they were harmed by using talc powder. In one case, Johnson & Johnson settled a talc powder claim for the first time. The company paid $1.5 million to a woman from New York City. If these numbers were extrapolated across all of its cases, the company could be facing close to $20 billion of potential liability. Nevertheless, the company denied that this case portended that it would be pursuing a global settlement with all of the plaintiffs in the case.
According to Bloomberg, 21 cases involving talc powder are slated to go to trial in 2019. A majority of these cases will be in front of juries in California. One case involves a man who recently died from an asbestos-related cancer. His claim states that he used talc powder for 30 years, which led to the cancer. In addition, there is a case being tried that involves 24 women who claim that they were sickened by talc powder. If they prevail on their claim, it could set the stage for another large jury verdict.
Baby powder lawsuit
The debate rages on as not only academics, but juries as well, have taken differing views of whether use of talc powder causes cancer. This is not likely an issue that will be resolved anytime soon. In the meantime, talcum powder lawsuit lawyers for both the plaintiffs and defense will be seeking to persuade juries of their side of the argument. Still, women who are diagnosed with ovarian cancer should consider whether or not they have used talc genitally at any time. If the answer is yes, they should immediately seek out a talc powder lawsuit lawyer even if juries have not yet come to a unanimous conclusion that talc powder is to blame for ovarian cancer.
Sources:
Jury Orders 4.7 billion in Missouri Asbestos Cancer Case
https://www.cnn.com/2018/04/11/health/talc-ovarian-cancer-cases/index.html
