Anyone who used a talcum-based powder from Johnson & Johnson and was diagnosed with ovarian, fallopian tube or peritoneal cancer.
What’s Going On?
Johnson & Johnson is facing thousands of lawsuits alleging its baby powder and Shower to Shower products can cause cancer.
What You Can Do
If you or a loved one used talcum powder and was diagnosed with ovarian, fallopian tube or peritoneal cancer, you may still have time to take action. Fill out the form on this page for more information. After you get in touch, an attorney or legal representative may reach out to you directly to ask you a few questions and to explain more about what it means to file a lawsuit.
What Does This Cost?
It doesn’t cost anything to get in touch or to speak to someone about your legal rights. Plus, you’re not obligated to take action just because you spoke with someone.
How Could a Lawsuit Help?
If successful, lawsuits could provide money for physical and emotional suffering, lost wages, medical bills, funeral expenses and more.
April 6, 2023 – J&J Agrees to Pay $8.9B to Resolve Talc Claims
Johnson & Johnson has agreed to pay $8.9 billion to resolve claims filed by thousands of consumers who allege that the company’s talcum powder products caused their cancer.
The proposed agreement will be presented as part of a reorganization plan for LTL Management, a J&J subsidiary that has taken on liability for the talc litigation and is now attempting to resolve it by re-filing for bankruptcy protection. J&J announced in a statement on April 4 that 60,000 claimants have already agreed to the proposal, which will need to be approved by the judge overseeing the bankruptcy proceeding.
Under the terms of the agreement, the details of which are expected to be finalized and filed by May 14, J&J will pay the $8.9 billion over a 25-year period into a trust fund from which “all current and future talc claims” will be paid.
Some of the attorneys representing the plaintiffs plan to oppose the agreement, claiming the amounts victims will ultimately receive will, in most cases, not even cover their medical bills.
If you or a loved one was diagnosed with ovarian, fallopian or peritoneal cancer after using J&J’s talc products, there may still be time to take action against the company. Fill out the form on this page to find out more.
Women across the country have filed lawsuits against Johnson & Johnson alleging that the company’s talcum baby powder and Shower to Shower products can cause cancer when used near the genital area.
According to these lawsuits, Johnson & Johnson knew about a link between talc and ovarian cancer since at least 1982, when researchers found that women using talcum-based powders had an increased risk of developing cancer; however, the company never placed a warning about this risk on its talcum powders, and, in fact, continued to promote these products for the exact uses that may put women at risk for cancer, according to the lawsuits.
If you or a loved one has been diagnosed with ovarian, fallopian tube or peritoneal cancer after using talcum baby powder or Shower to Shower, you may be able to sue the manufacturer to recover compensation for medical bills and other damages.
Contact us today – free of charge – by filling out the form on this page and we may be able to connect you to an attorney who can help.
Is This a Class Action Lawsuit?
Attorneys working with ClassAction.org are handling these cases on an individual basis and not as part of any class action lawsuit. This means you will be filing your own lawsuit with your own attorney and making claims specific to your situation.
In cases involving serious medical conditions, individual lawsuits – rather than class actions – are typically filed to help ensure the person filing the case is fully compensated for their injuries. You can learn more about this here.
What Does Filing a Lawsuit Against Johnson & Johnson Involve?
The lawsuit process typically kicks off with the filing of what’s known as a complaint. This document, which is filed with the court, will detail the ovarian, fallopian tube or peritoneal cancer diagnosis, the plaintiff’s use of a specific J&J product or products, the allegations being made against the company, and the damages (i.e., losses) that have been incurred as a result of the diagnosis.
Your lawsuit may claim, for instance, that Johnson & Johnson:
Failed to provide warnings that use of its talcum baby powder and Shower to Shower products near the genital organs could increase the user’s risk of developing cancer
Disseminated false and misleading statements about the safety of its products
Continued to sell products that it knew were unreasonably dangerous in order to increase and maintain profits
Could have used safer alternatives to talc, such as cornstarch
Should be held responsible for losses related to the diagnosis, including medical bills and pain and suffering
What Could I Get from a Lawsuit?
A lawsuit could provide compensation for the following:
Loss of life’s enjoyment
In the event of death, compensation for funeral expenses, loss of expected wages and loss of consortium (i.e., benefits of a familial relationship, such as love, affection and comfort) may also be available.
How Much Does It Cost to File a Lawsuit?
Attorneys working with ClassAction.org are handling these cases on a contingency fee basis, meaning you only pay if they win your case. Their payment will come as a percentage of your total settlement or jury verdict.
How Can Talcum Powder Cause Cancer?
It is believed that when talcum powder is used near the genitals, talc particles can travel up the reproductive tract and enter the ovaries. Because the body has a difficult time removing the talc particles, they may remain in the ovarian tissue and cause inflammation, which may cause cancerous tumors to form.
What About Fallopian Tube and Peritoneal Cancer?
There doesn’t appear to be much publicly available evidence regarding the connection between talcum powder use and fallopian tube and peritoneal cancer specifically. It’s important to point out, however, that cancer of the ovaries, fallopian tubes and peritoneum are usually diagnosed in later stages (after the cancer has spread), making it difficult to determine where the malignancy actually originated from. Indeed, evidence has shown that “as many as 80%” of ovarian or peritoneal carcinomas may have originated in the fallopian tubes.
Cancers that develop in the epithelial cells that line the ovaries, fallopian tubes or peritoneum (the layer of tissue surrounding the abdominal cavity) are now collectively referred to as epithelial ovarian cancers and are staged and treated the same way.
Evidence Linking Ovarian Cancer to Talcum Powder Use
During the last several decades, researchers have performed nearly two dozen studies on talcum powder, almost all of which concluded that women using talc near the genitals are at an increased risk for developing cancer.
The first study to suggest a possible link between talcum powder and ovarian cancer was published in 1971. In that study, researchers found that women who used these powders near the genitals had talc particles “deeply embedded” in a majority of their ovarian tumors and about half of their cervical tumors.
In following years, more than 20 additional studies have had similar outcomes. While some of these studies found that women were at a 30 percent increased risk of developing ovarian cancer after using talcum powder, some suggested that this risk may be as high as 300 percent. The most recent meta-analyses of these studies, published in 2003 in the International Journal of Cancer Research and Treatment, found that talcum powder use was associated with a 33 percent increased risk of developing ovarian cancer.
What is the average settlement amount for a talcum powder cancer lawsuit in 2023?
Forbes pegs the average talcum powder settlement amount as “at least $100,000,” while noting that other settlements and verdicts have been worth millions. Some law firms, meanwhile, have marked J&J talc settlement amounts at anywhere between $100,000 and $1 million.
Ultimately, the specifics of a consumer’s case—for instance, details on their talc powder use, whether they were diagnosed with ovarian cancer or mesothelioma, etc.—and other factors will determine how much they may be able to recover from a talcum powder cancer lawsuit.
It is important to keep in mind that there are no guarantees as far as how much a person may be paid if their talcum powder cancer lawsuit is successful.
Can I still file a talc powder case?
Yes, it is still possible for someone diagnosed with ovarian cancer or mesothelioma to file a talc powder lawsuit.
When Johnson & Johnson launched its attempt to escape its talcum powder cancer liabilities through bankruptcy court in 2021, an automatic stay—or pause—was put in place on the MDL. As a result of this, no new talc powder cancer lawsuits could be filed, as the litigation was effectively frozen in place.
However, now that J&J has had two bankruptcy attempts rejected in court, a strategy that the company hoped would compel tens of thousands of claimants to drop their lawsuits and accept its $8.9 billion settlement, as well as stop new cases from being filed—the stay has been lifted and the litigation can proceed.
One law firm estimates that at least 10,000 new talcum powder cases were filed in the MDL within the first two months of the stay being lifted this year.
This means those who used talcum powder and subsequently developed ovarian cancer or mesothelioma may still be able to file a claim.
Who qualifies for a talcum powder lawsuit?
Generally, consumers who have used talcum powder products and were diagnosed with ovarian cancer or mesothelioma may be eligible to file a lawsuit. In other scenarios, family members or surviving spouses of someone who has died due to ovarian cancer or mesothelioma linked to talcum powder use may also be able to file a suit.
Talcum Powder Lawsuit Update 2024: The Latest
J&J Inks $700 Million Settlement with States Over Talc Powder Marketing Claims
Johnson & Johnson has tentatively agreed to pay roughly $700 million to settle allegations from more than 40 states that it failed to warn consumers of the cancer risks associated with its talcum baby powder.
In an October 2023 securities filing, J&J revealed that 42 states and the District of Columbia had launched a joint investigation into the company’s talcum powder marketing. Bloomberg News, which first reported the settlement on January 8, relayed that the specific terms of the deal are still being worked out between J&J and the representatives of the state attorneys general.
Bloomberg, citing “people familiar with the deal,” wrote that the settlement would allow Johnson & Johnson to sidestep potential lawsuits from the involved states alleging the company concealed links between the talc in its baby powder products and certain types of cancer. Mississippi and New Mexico, which have already filed lawsuits against J&J, are not included in the deal and will aim to negotiate higher settlements given they have already begun litigating, according to Bloomberg’s sources.
According to the Judicial Panel on Multidistrict Litigation, the MDL for Johnson & Johnson talc powder cancer lawsuits contains more than 47,000 pending actions as of September 2023. The JPML determines whether civil actions pending in more than one federal judicial district should be consolidated and transferred to a single district, so as to conserve time and money and ensure similar outcomes in cases that involve large numbers of people.
Despite the massive number of claims, the J&J talc powder MDL is only the second-largest MDL nationwide. The top spot, by a wide margin, is the MDL created to handle the litigation over 3M’s dual-ended Combat Arms ear plugs. As of September 2023, that MDL, considered the largest in history, contained more than 242,600 pending actions.
Judge Rules Against Second J&J Bankruptcy Settlement Attempt
A New Jersey judge ruled that Johnson & Johnson cannot use a subsidiary’s bankruptcy case to compel thousands of cancer victims to sign off on a proposed $8.9 billion settlement, which is now in jeopardy.
U.S. Bankruptcy Judge Michael Kaplan’s decision to reject J&J’s second bankruptcy petition marked a major loss for the company, who created a unit called LTL Management with the hope of ending all current and future injury claims related to talcum powder and other talc products. The ruling marks the second time an attempt by J&J to use LTL Management to shoulder its financial liabilities for talc powder cancer lawsuits failed, with Judge Kaplan remarking that the talc lawsuits did not put the company in immediate “financial distress.”
The ruling from Judge Kaplan lifted a two-year stay on the talcum powder litigation, which was paused while the U.S. Bankruptcy Court and a federal appeals court deliberated on J&J’s plan to offload its massive talc liabilities onto LTL Management.
Jury Orders Johnson & Johnson to Pay Calif. Man $18.8M
After a six-week trial, a jury decided on July 18 that Johnson & Johnson must pay $18.8 million to a 24-year-old California man who claimed to have developed cancer as a result of exposure to baby powder.
In particular, the plaintiff, Emory Hernandez Valadez, alleged he developed mesothelioma in the tissue surrounding his heart due to “heavy exposure” to J&J talcum powder since childhood. The state court jury awarded the plaintiff compensation for his medical bills and pain and suffering.
Although most talc powder cases were paused during J&J’s LTL Management bankruptcy proceedings, Judge Kaplan allowed this one to proceed given that the plaintiff was “expected to live for only a short time.”
J&J Sues Doctors Who Published Links Between Talc Products and Cancer
On July 7, Johnson & Johnson, in another apparent legal tactic to stave off liability, sued three doctors who published a study that linked talc-based products to cancers, claiming that the scientific studies are inaccurate and calling the doctors’ findings “junk litigation opinions.”
The lawsuit, filed by J&J subunit LTL Management, asked the New Jersey federal court to force three doctors to “retract and/or issue a correction” of a study that linked asbestos-contaminated talc items to mesothelioma. In particular, J&J alleged that at least six of the 75 mesothelioma patients cited in the doctors’ study had possibly been exposed to asbestos in ways outside of their use of Johnson & Johnson’s Baby Powder or Shower to Shower, another talc product.
The July case joins another from May 2023 in which J&J sued a New York doctor over similar allegations.
Johnson & Johnson Says It Will Settle Talc Litigation for $8.9B Through Second Bankruptcy Filing
On April 4, Johnson & Johnson announced it had agreed to pay $8.9 billion to wrap up thousands of talc powder cancer claims. The proposed deal, which J&J has touted as the “most equitable solution” for talc claimants, was submitted as part of a reorganization plan centered on LTL Management, the subsidiary created by Johnson & Johnson to shoulder the financial liabilities for the talc litigation.
J&J Announces Plan to Phase Out Global Sales of Talcum Baby Powder
On August 11, 2022, Johnson & Johnson announced it would stop selling talc-based baby powder worldwide in 2023. The announcement comes roughly two years after it halted sales of the product in the United States in 2020 amid an avalanche of lawsuits and injury claims.
“As part of a worldwide portfolio assessment, we have made the commercial decision to transition to an all cornstarch-based baby powder portfolio,” the company said in a statement. “As a result of this transition, talc-based [Johnson & Johnson’s baby powder] will be discontinued globally in 2023.”
“Texas Two-Step”: Johnson & Johnson Files for Bankruptcy in Move to Offset Financial Liabilities
On October 14, 2021, J&J filed for bankruptcy protection for LTL Management, the subsidiary it established to handle the financial liabilities stemming from thousands of open talc cancer lawsuits.
Johnson & Johnson’s creation of a new subsidiary to shoulder its talc powder financial liabilities is a controversial legal maneuver known as a “Texas two-step bankruptcy,” whereby a subsidiary is split in two and the new entity, e.g. LTL, is used solely to hold all of a parent corporation’s debts and creditor obligations.
The American Bar Association noted that J&J’s “Texas two-step” would have “significant implications” for the plaintiffs in tens of thousands of talc powder cancer lawsuits nationwide, as all those trials would be halted as LTL went through the bankruptcy process in court.
In January 2023, the Third Circuit Court of Appeals rejected J&J’s attempt to use bankruptcy to resolve the multibillion-dollar talc powder litigation, dismissing LTL’s Chapter 11 petition on the grounds that the subsidiary was created “solely to access the bankruptcy system.” The court also highlighted the fact that LTL was not in legitimate financial distress, in particular since J&J had agreed to fund the subsidiary’s liabilities for up to $61.5 billion.
$2.11B Talc Verdict Against J&J Stands After Missouri Supreme Court Declines to Hear Appeal
November 2020 saw a $2.11 billion verdict against Johnson & Johnson stand after the Missouri Supreme Court declined to hear the drugmaker’s appeal of the ruling.
The verdict stemmed from a 2018 trial in which the claims of 22 women who alleged J&J talc powder had caused their ovarian cancer were combined. Originally, jurors ordered Johnson & Johnson to pay $4.69 billion, but the Missouri Court of Appeals lowered that amount to $2.11 billion.
In June 2021, the U.S. Supreme Court declined to hear J&J’s attempt to overturn the $2.11 billion damages award.
J&J Settles 1,000+ Talc Lawsuits for $100 Million
In a first for Johnson & Johnson, the company agreed in October 2020 to pay more than $100 million to settle more than 1,000 talc powder lawsuits. Despite the settlement, the company still faces tens of thousands of cases from consumers who alleged J&J baby powder caused their cancer.
As Legal Costs and Safety Worries Mount, Johnson & Johnson Stops Selling Talc Baby Powder in North America
Johnson & Johnson announced in May 2020 that it would stop selling talc-based baby powder in the United States and Canada after losing a number of legal battles and tallying billions in liabilities. The announcement came in the wake of separate investigations by Reuters and the New York Times that found that J&J knew for decades that its baby powder contained small amounts of asbestos.
In a statement, the company said that demand for talc-based baby powder in North America “has been declining due in large part to changes in consumer habits” and “misinformation around the safety of the product and a constant barrage of litigation advertising.”
J&J Voluntarily Recalls Roughly 33K Bottles of Baby Powder Following FDA Inquiry
In October 2019, the FDA announced that Johnson & Johnson was voluntarily recalling thousands of bottles of Johnson’s Baby Powder in the U.S. after testing found that a sample from one product lot contained a type of asbestos.
In all, the affected lot of baby powder included 33,000 bottles, and consumers were advised to stop using the product and contact Johnson & Johnson for a refund.
Reuters Special Report Reveals How Long J&J Knew that Talc Powder Products Contained Asbestos
On December 14, 2018, news outlet Reuters published an exposé that revealed, based on reviews of internal documents, that Johnson & Johnson knew for decades that its talc baby powder was contaminated with carcinogenic asbestos yet kept this information from regulators and consumers.
According to Reuters, J&J withheld from the FDA, among other information, that “at least three tests by three different labs from 1972 to 1975 had found asbestos in its talc,” and in one instance at levels described as “rather high.” Per Reuters, internal documents and court materials showed that over the next 30 years, Johnson & Johnson’s raw talc and finished powders “sometimes tested positive for small amounts of asbestos” and that executives and other higher-ups “fretted over the problem and how to address it,” all while failing to disclose what they knew to the public.
Johnson & Johnson Hit With $4.69 Billion Verdict by St. Louis Jury
On July 12, 2018, a St. Louis jury awarded $4.69 billion in damages to 22 women who alleged Johnson & Johnson’s talc baby powder, which they used as part of their daily feminine hygiene regimen, caused their ovarian cancer.
The award included $550 million in compensatory damages and $4.14 billion in punitive damages and marked the largest-ever verdict against J&J over its Baby Powder and Shower to Shower talcum powder products.
In its massive report that would be published later in 2018, Reuters described this verdict as a “watershed” that broadened J&J’s potential liability for talcum powder cancer diagnoses. The 22 plaintiffs, Reuters said, were the first to succeed with a claim that Baby Powder contaminated with asbestos caused ovarian cancer.
St. Louis Jury Finds J&J Liable for Consumer’s Ovarian Cancer, Awards $55M Verdict
In May 2016, a jury in St. Louis awarded $55 million to a South Dakota woman who alleged her ovarian cancer was caused by Johnson & Johnson talcum powder.
In June 2018, a Missouri appeals court threw out the $55 million verdict due to jurisdictional issues in light of a 2017 U.S. Supreme Court ruling that limits where companies can be sued for personal injuries.
Jury Orders J&J to Pay $72M in Civil Damages
On February 22, 2016, the family of an Alabama woman was awarded $72 million in a civil suit, with a St. Louis jury finding Johnson & Johnson liable for the deceased consumer’s ovarian cancer diagnosis.
Per Reuters, lawyers for the plaintiff said the verdict is the first time a U.S. jury awarded damages over ovarian cancer claims linked to talc powder.
It was in December 2009 when Johnson & Johnson was hit with the first talcum powder cancer lawsuit to make it to trial. The case was filed by Deane Berg, a Sioux Falls, South Dakota woman who developed ovarian cancer in 2006 and alleged, among other claims, that J&J failed to warn the public of the “catastrophic health hazards” associated with the use of talc baby powder.
Although J&J reportedly offered Berg a $1.3 million confidential settlement, the woman declined. In 2013, Berg was granted a partial jury verdict win against Johnson & Johnson in court but was awarded no compensation.
What You Can Do
If you or a loved one developed ovarian, fallopian tube or peritoneal cancer after using Johnson & Johnson’s baby powder or Shower to Shower product, you may be able to file a lawsuit and recover compensation for the harm you suffered.
For more information on filing a lawsuit, contact us today by filling out the form on this page. It doesn’t cost anything to get in touch or to speak to someone about your rights.