Talc Lawsuit Update – December 2024
The award-winning legal team from Wisner Baum represents clients from across the nation in Johnson and Johnson talcum powder lawsuit claims. The lawsuits allege that prolonged use of Johnson and Johnson Shower to Shower, Baby Powder, and other talcum powder products caused ovarian cancer and mesothelioma due to asbestos contamination.
Our firm is currently reviewing and accepting claims from women who developed ovarian cancer or mesothelioma after using Johnson & Johnson’s Baby Powder and other talc products for feminine hygiene. We are also prepared to file wrongful death talc lawsuits on behalf of family members who have lost a wife or a mother to ovarian cancer stemming from baby powder use.
Wisner Baum has successfully handled thousands of cases, securing over $4 billion in verdicts and settlements for our clients. With decades of experience handling personal injury and wrongful death cases, our firm has developed a reputation for holding Fortune 500 companies accountable, improving product safety, influencing public policy, and raising public awareness on the dangers of consumer products.
The California talcum powder lawyer team at Wisner Baum provides free and confidential J&J baby powder lawsuit evaluations. Contact us or call (310) 207-3233 today.
December 8, 2024: The pause in the talc litigation will continue until at least mid-March. During a recent hearing, the bankruptcy judge maintained the current litigation freeze, refusing to expand its scope to include additional entities or permit any cases to move forward. Johnson & Johnson is advancing a controversial settlement plan to pay more than $8 billion through a newly created corporate entity designed to absorb the ongoing legal cases and ultimately seek bankruptcy protection.
October 16, 2024: Johnson & Johnson and several subsidiaries will pay $15 million in damages stemming from a mesothelioma lawsuit. The lawsuit was filed by a Massachusetts real estate developer who sought to hold J&J accountable for asbestos exposure, which led to the plaintiff’s mesothelioma diagnosis.
September 25, 2024: Johnson & Johnson has proposed an $8 billion settlement fund to cover current and future talc ovarian cancer claims. The company says the settlement plan would resolve nearly all talc lawsuits. It would not resolve mesothelioma lawsuits, which would be addressed separately.
May 23, 2024: A newly published study bolsters the claims of over 50,000 people with lawsuits against Johnson & Johnson alleging the company’s talc-based baby powder causes ovarian cancer. Researchers from the National Institutes of Health found a connection between the application of talc powder to the genital area and an increased risk of ovarian cancer, particularly among individuals who used the product frequently or over long periods.
The study was conducted by researchers from the National Institutes of Health and used data from the Sister Study, which enrolled over 50,000 women in the U.S. between 2003 and 2009. Participants were aged 35 to 74. Each had a sister diagnosed with breast cancer, potentially elevating the participants’ risk for breast or ovarian cancer.
The new research could undermine J&J’s position that there is no convincing scientific link between talcum powder and ovarian cancer. Most of the lawsuits against the company are consolidated in New Jersey with a trial set for December 2024.
May 1, 2024: Johnson & Johnson (J&J) announced this week that it plans to finalize a $6.475 billion settlement to address the myriad of lawsuits alleging the company’s baby powder and talcum powder products were tainted with asbestos, causing ovarian cancer.
J&J ceased selling baby powder products in North America in 2020 and globally in 2023. Talc is a naturally occurring mineral often found in proximity to asbestos. Investigations by Reuters and The New York Times found that J&J grappled with the presence of asbestos in its talcum powder products while actively concealing this information from the public.
The proposed settlement allows J&J to resolve talc cases via a third bankruptcy filing for a subsidiary. The settlement must be approved by 75% of talc claimants. If the settlement receives the necessary approval, J&J will resolve current and future ovarian cancer claims related to its talc products, which make up nearly all of the talc-related lawsuits against the company. Approximately 54,000 lawsuits are grouped together in a New Jersey federal court proceeding known as multidistrict litigation (MDL).
April 3, 2024: A talc trial began Monday in Sarasota Circuit Court, Florida. The wrongful death case was filed by the son of Patricia Matthey, an aerobics instructor who passed away at age 72, three years after her ovarian cancer diagnosis. The lawsuit against Johnson & Johnson alleges Matthey’s ovarian cancer was caused by the use of J&J’s baby powder in the genital area. Talcum powder lawyers for the plaintiff said Matthey used talcum powder for “the entirety of her adult life.”
The Florida trial is not part of the federal Johnson & Johnson Talcum Powder MDL, which is the second largest multidistrict litigation in the U.S., trailing only the 3M earplug litigation in case volume. As of today, 53,939 cases are pending in the J&J Talc MDL.
December 18, 2023: As Wisner Baum talcum powder attorneys continue to work on these cases, we wanted to provide a quick update on a proposed settlement reported in Bloomberg Law. A former J&J defense lawyer recently suggested a talcum powder settlement amount of $19 billion to resolve the current and future cases related to the company's baby powder cases. This proposed settlement—$10 billion more than what J&J previously offered during bankruptcy court proceedings—was denied.
It does, however, represent the first public statement on the desired J&J settlement amount for over 50,000 cases. If the $19 billion settlement is accepted, it could potentially result in an average payout of over $200,000 for each individual affected by talc-related claims, depending on specific criteria and settlement terms.
October 13, 2023: Talcum powder lawyers in California have filed a motion to move forward with bellwether trials selected by the plaintiff’s leadership. The attorneys are making a concerted effort to bring their clients justice after years of protracted litigation, mostly due to J&J’s tactics. Per the motion filed this week:
For nearly two years, J&J has manipulated the legal system and employed every legal tactic to avoid bellwether trials and deprive plaintiffs of their day in court. During the twenty-two months that this JCCP and all talc cases nationwide were stayed due to J&J’s wholly owned subsidiary LTL Management, LLC’s two unsuccessful Chapter 11 filings, plaintiffs have died and grown more ill with each passing day, and J&J still has shown no indication of engaging in meaningful, good faith settlement discussions. In fact, J&J has now taken the position that all talc cases are meritless, and the total value of all talc cases is “zero.”
The attorneys added that during J&J’s bankruptcy stay, 77 women with talcum powder lawsuits filed in California passed away. “Had J&J not attempted its twice-failed bankruptcy ploy, the originally contemplated bellwether trials would have been long over and some of those plaintiffs that passed away may have seen their day in court. In the interests of justice, the Court should not deprive these terminally ill women of their day in court because of the delay caused by J&J’s “bad faith” bankruptcy filings.”
July 29, 2023: A federal judge dismissed Johnson and Johnson’s attempt to resolve many thousands of talcum powder lawsuits via bankruptcy. The judge ruled that the company’s talc subsidiary, LTL Management LLC, did not meet the standards needed to proceed with the Chapter 11 filing. A prior filing was also dismissed on the same grounds.
April 13, 2023: Johnson and Johnson agreed to a talc settlement worth $8.9 billion over 25 years. While that figure sounds like a lot of money, it may not be enough to fully and fairly compensate the many thousands of individuals who received a cancer diagnosis after using talc products. If jury verdicts in talc lawsuits are any indication, plaintiffs have every right to demand more compensation.
February 9, 2023: Johnson & Johnson has indicated it will appeal the Third Circuit’s decision to reject the company’s bankruptcy gambit. The talcum powder lawyers at Wisner Baum believe the company will be unsuccessful in this endeavor and the cases will continue to move forward.
Other talcum powder lawsuit news to report today – a new judge has been assigned to handle the talc litigation. The Honorable Judge Michael A. Shipp for the U.S. District of New Jersey will preside over this new stage of the litigation. The order came after Judge Freda L. Wolfson’s retirement. Judge Wolfson presided over the talcum powder litigation for roughly seven years.
Unless J&J is able to get the bankruptcy stay continued while awaiting whether SCOTUS will take up its appeal, we believe Judge Shipp will revive the bellwether process, which means trials that were previously postponed will be rescheduled.
January 31, 2023: The U.S. Court of Appeals for the Third Circuit has rejected Johnson & Johnson’s attempt to offload its liability in baby powder lawsuits by transferring them to a subsidiary company and filing for bankruptcy. In its ruling, the Third Circuit held that LTL Management—the subsidiary company J&J created to transfer thousands of talcum powder lawsuit claims and file for bankruptcy—was not eligible for bankruptcy protection because LTL Management was not in “financial distress,” and thus the bankruptcy was not filed in good faith.
How does the J&J bankruptcy decision affect talcum powder lawsuits? First, the bankruptcy filing placed a stay on claims, meaning that baby powder lawsuits were on hold and no new lawsuits could be filed. With the Third Circuit’s decision, the stay is lifted and proceedings in the pending talcum powder lawsuits can resume. It also means new talc lawsuits can be filed.
September 19, 2022: The New Yorker published an outstanding piece detailing Johnson & Johnson’s marketing of its baby powder products, the talc litigation, and the company’s brazen attempt to manipulate its liability via bankruptcy proceedings. The article includes background on Deane Berg’s talcum powder case, the first to go before a jury. Prior to the trial, Berg told the New Yorker that J&J offered her a six-figure settlement agreement. Berg asked if the company would add a warning label to its baby powder. No, J&J’s lawyers said, then upped their settlement offer, contingent on Berg never saying that talcum powder caused her cancer (per the New Yorker, J&J denies Berg’s memory of the events). Berg, courageously said: “If you’re not going to put a warning on the powder and you’re not going to tell women, I’ll see you in court.”
August 11, 2022: Johnson and Johnson announced that it will no longer sell baby powder products globally in 2023. J&J removed baby powder products from the U.S. and Canada in 2020 based on the growing number of baby powder lawsuits. According to Reuters, J&J is facing 38,000 talcum powder lawsuits alleging asbestos contamination caused cancer. A 2018 Reuters investigation uncovered that J&J had known for decades about asbestos contamination in their baby powder products.
July 20, 2022: Talcum powder cancer lawyers representing plaintiffs filed an appeal to challenge Johnson and Johnson’s attempt to shield its liability via the bankruptcy process. Oral arguments are likely to occur in the fall.
May 22, 2022: Johnson & Johnson shareholders recently voted on whether or not the company should cease sales of its baby powder products. Despite the jury verdicts finding talcum powder exposure caused several women to develop ovarian cancer, shareholders voted to continue selling baby powder.
February 25, 2022: A federal judge has allowed Johnson & Johnson to proceed with a controversial bankruptcy filing that talcum powder attorneys say is a bad faith effort to avoid responsibility for allegedly causing thousands of women to develop ovarian cancer. Judge Michael Kaplan acknowledged that his ruling would cause frustration but noted that bankruptcy would offers an efficient remedy for the talc litigation. The ruling effectively places talcum powder lawsuits on hold and stops new claims from coming in, a significant win for one of the world’s richest corporations.
Facing 38,000 talcum powder lawsuits, J&J created a subsidiary company called LTL Management under Texas State law, assigned the new company legal liability for the litigation, then filed for bankruptcy. The maneuver, known as the “Texas Two-Step,” has drawn scrutiny from the legal community as well as members of Congress.
“We need to close this loophole for good," said Senator Dick Durbin (D-IL) earlier this month. “Bankruptcy is supposed to be a good-faith way to accept responsibility, pay one's debts as best you can, and then receive a second chance, not a Texas two-step, get-out-of-jail-free card for some of the wealthiest corporations on earth like Johnson & Johnson.”
Talcum powder lawyers representing plaintiffs said they will appeal the judge’s ruling.
October 21, 2021: Johnson & Johnson has made a controversial maneuver to avoid responsibility in the talcum powder litigation. Using Texas law, the company created a subsidiary called LTL Management, which the company used to absorb all of its talc-related liabilities. Last week, LTL filed for bankruptcy, thus drastically limiting plaintiffs’ ability to recover damages in the talcum powder litigation. Instead of being able to pursue damages against one of the world’s largest corporations, plaintiffs may be forced to pursue damages against a smaller spinoff company created by J&J.
Lindsey Simon, a bankruptcy expert at the University of Georgia School of Law, recently published a paper on this corporate practice entitled, “Bankruptcy Grifters.” According to Simon, Johnson & Johnson and other wealthy corporations receive the benefits of Chapter 11 protection while “incurring only a fraction of the associated burdens.” Simon also told NPR that the maneuver gives Johnson and Johnson significant advantages in negotiations that are likely to follow over a potential talcum powder settlement.
You may qualify for the talcum powder lawsuit if you meet certain case requirements. The following are general case requirements. Satisfying them does not necessarily mean you have a lawsuit. You will need to have your claim evaluated by a talc attorney to know for sure if you are eligible.
Please remember that each case is unique and the court may change the parameters at any time. The best way to see if you qualify is to fill out our case evaluation form so that a talc attorney can review your claim.
In May of 2024, Johnson & Johnson announced a $6.5 million global settlement to resolve talcum powder lawsuits alleging ovarian cancer. Weeks after the proposed talc settlement, a study conducted by researchers from the NIH concluded that talcum powder causes ovarian cancer. The study bolsters the claims of over 50,000 claimants in the litigation, and some legal experts now believe J&J’s proposed talcum powder settlement will not be approved.
Last year, a former lawyer for Johnson & Johnson, who is now attempting to broker a talcum powder settlement, proposed a resolution worth $19 billion. J&J rejected the proposed talcum powder settlement, insisting that the bankruptcy case is the path toward a resolution. Nevertheless, this is the first time that plaintiffs have stated how much Johnson & Johnson should pay to resolve more than 50,000 talcum powder lawsuits, as well as future claims. According to Bloomberg Law, a $19 billion resolution would result in an average settlement for talcum powder lawsuit cases worth roughly $200,000 per person.
Yes, plaintiffs with talcum powder lawsuits have won verdicts and settlements. The U.S. Supreme Court recently upheld a jury verdict of over $2 billion to resolve talcum powder ovarian cancer lawsuits filed by 22 women. Johnson & Johnson has also settled roughly 95% of talcum powder lawsuits alleging mesothelioma.
The talcum powder lawyers at Wisner Baum have been investigating claims connected to several baby powder products. Companies named in talcum powder lawsuits include:
Some of the talcum powder products implicated in baby powder lawsuits include:
Some talcum powder retailers have also been named in lawsuit claims, including:
Please note that some of the above-named companies and products were sued over mesothelioma claims, not ovarian cancer.
Yes. The deadline to file a talcum powder lawsuit, like any other type of product liability or personal injury lawsuit, is governed by the statute of limitations in your state. The statute of limitations sets the deadline for filing your case. In California, for example, the statute of limitations is generally two years from the date of diagnosis. Failure to file before the deadline means that you are barred from pursuing a case.
The statute of limitations varies by state and can depend on a variety of factors, including when the injury was discovered or when the plaintiff reasonably should have discovered the injury. Given the complexity and variability of these deadlines, it is crucial to consult with a talcum powder attorney with experience in product liability law to understand the deadlines that apply to your case. Acting promptly will help ensure your claim is filed within the allowable time frame.
Contact a Los Angeles talcum powder attorney at Wisner Baum. To learn more about filing a talcum powder lawsuit, give us a call at (310) 207-3233 today.
A: Talcum powder comes from the talc mineral, which consists of magnesium, silicon and oxygen. Talc is mined from metamorphic rocks of convergent plate boundaries all over the planet. Most of the talc mines in the United States are found along the east side of the Appalachian Mountains. California, Texas, Nevada, New Mexico, Idaho, and Montana are also considered talc-rich areas of the country. Nearly all of the world’s talc output comes from China. Other countries heavily involved in the talc trade include India, Brazil, France, Italy, Finland, Japan, and South Korea.
A: Talcum powder absorbs moisture, so it is widely used on babies to prevent diaper rash, as an additive in latex gloves, in cosmetics, and in bath and body products. The most iconic of these is Johnson & Johnson’s Baby Powder – their signature product and the target of the most recent lawsuits.
A: Research on asbestos-contaminated talc has shown that higher levels of contamination increase the risk of mesothelioma. Talc of different grades can contain varying levels of asbestos, with industrial talc having the highest, reaching up to 70%. Testing of cosmetic talc since the late 1960s has revealed contamination levels ranging from zero to 30% asbestos.
Below is some of the research linking asbestos-contaminated talcum powder to mesothelioma:
A: Baby powder is made from talc, which is a mineral primarily comprised of magnesium, silicon and oxygen. Plaintiffs in the litigation against Johnson & Johnson allege talcum powder products contain asbestos, which is a highly carcinogenic mineral often found next to talc underground. Additionally, when talcum powder is used on the genitals, talc particles can easily migrate from the vagina into the ovaries, where they remain trapped. These trapped talc particles cause inflammation, which can lead to the growth of cancer cells.
Despite the volume of studies pointing to the connection between baby powder and ovarian cancer, neither Johnson & Johnson nor the Food and Drug Administration (FDA) has ever warned consumers in the United States about the health risks.
Even after scientists with the National Toxicology Program (an arm of the U.S. Department of Health and Human Services) voted 13-2 to list feminine hygiene use of talcum powder as a possible human carcinogen, Johnson & Johnson has continued to deny the link to ovarian cancer and refused to put a warning label on its baby powder products – although in May 2020, the company made the extraordinary decision to pull its talc-based Baby Powder from North American markets.
Time and time again, Johnson & Johnson has referred to the volume of studies finding a link between talcum powder and ovarian cancer as inconclusive or “junk science.” This stance, as well as the company’s failure to inform the public about the link between baby powder and cancer, has compelled over 1,000 women to file baby powder cancer lawsuits over the last eight years.
A: When talc is crushed into a fine powder, the resulting substance can absorb moisture, oils and odor, which makes it a common ingredient for use in bath and body products, particularly baby powder. While talcum powder remains a popular product, especially among women, the medical community has long expressed concern about the potential health effects associated with feminine hygiene use of talcum powder. In fact, studies going back to the 1970s show that women who regularly use talcum powder for feminine hygiene may be more at risk of developing ovarian cancer.
A: According to Bloomberg, researchers discovered the possibility of a link between talcum powder and ovarian cancer about 45 years ago. Johnson & Johnson, which brought in an estimated $374 million in 2014 from talcum product sales, has denied this link for decades despite the growing body of peer-reviewed research underscoring the ovarian cancer and talcum powder link.
Below are some of the major talcum powder cancer studies:
The results of the last three studies prompted the World Health Organization (WHO) to classify talc as a “possible human carcinogen.” It should be noted that the studies listed above are not the only ones to find a link between baby powder and ovarian cancer. Since 1982, there have been at least 20 other epidemiological studies finding that long-term use of baby powder for feminine hygiene increases one’s risk of developing ovarian cancer.
A: The answer to this question hinges on how strongly your ovarian cancer can be traced to feminine hygiene use of talcum powder. If you used talcum powder for feminine hygiene over the course of many years and developed ovarian cancer, you may have a case against Johnson & Johnson. The duration of talcum powder use does not necessarily validate a claim, which is why it is in your best interest to consult with a talcum powder attorney who can investigate your case and determine if you have a claim.
The California talcum powder lawyers are litigating cases for claimants with lawsuits against Johnson & Johnson. We are committed to obtaining the best possible results for our clients. Since 1985, our firm has obtained more than $4 billion in verdicts and settlements for clients. We have the experience and resources to take on any corporate defendant and win. To see if you are eligible to join the talcum powder lawsuit, please contact us as soon as you can.
Call (310) 207-3233 or complete the free case evaluation form to get started.
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In May of 2019, the jury in the case of Pilliod et al. v, Monsanto Company ordered the agrochemical giant to pay $2.055 billion in damages to the plaintiffs, Alva and Alberta Pilliod, a Bay Area couple in their 70s. R. Brent Wisner served as co-lead trial attorney for the Pilliods, delivering the opening and closing statements and cross-examining several of Monsanto’s experts. Wisner Baum managing shareholder, Michael Baum and attorney Pedram Esfandiary also served on the trial team in the Pilliod case.
The judge later reduced their award to $87M. Monsanto appealed the Pilliod’s verdict which the California Court of Appeal for the First Appellate District denied on August 9, 2021. Monsanto then requested the California Supreme Court review the appeal’s court decision, which the court denied on Nov. 17, 2021. Monsanto (Bayer) then submitted a petition for a writ of certiorari with the U.S. Supreme Court which SCOTUS denied on June 27, 2022, allowing the final judgment of $87M to remain intact.
$289.2 million jury verdict in Monsanto Roundup trial
Wisner Baum co-represented Dewayne “Lee” Johnson in the first Roundup cancer lawsuit to proceed to trial. On Aug. 10, 2018, a San Francisco jury ordered Monsanto to pay $39.25 million in compensatory damages and $250 million in punitive damages to Mr. Johnson, a former groundskeeper who alleged exposure to Monsanto’s herbicides caused him to develop terminal non-Hodgkin lymphoma.
Months after the jury verdict, the judge overseeing the trial reduced the punitive damages to $39.25 million. Mr. Johnson decided to accept the remittitur, bringing the adjusted amount awarded to Mr. Johnson $78.5 million.
Monsanto (Bayer) appealed the verdict and Johnson cross appealed. On July 20, 2020, the First Circuit Court of Appeals upheld the verdict against Monsanto but reduced Mr. Johnson’s award to $20.5 million. The company chose not to take the case to the U.S. Supreme Court, ending the litigation.
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.
