Talcum Powder Lawsuit Settlements

Consumer goods titan Johnson & Johnson is facing more than 5,500 claims regarding its talc-containing products. Plaintiffs allege that talcum particles in the defendant’s body powders — including Shower-to-Shower and Baby Powder — caused their ovarian cancer; they further contend that J&J failed to offer warnings about potential health risks.

While the claimants come from different states and all walks of life, they all used talcum powder for personal hygiene and were later diagnosed with one of the most aggressive forms of reproductive cancer. Since litigation began more than two years ago, talc settlement negotiations have yet to materialize as juries hand down verdict after verdict against J&J. Although some of the judgements were later reversed, the double-digit awards suggest that a global settlement may soon be forthcoming.

Attorney Bart Bernard is currently reviewing talcum powder lawsuits for women diagnosed with ovarian cancer after extended use of talc-containing products for genital hygiene.  A veteran Lafayette personal injury lawyer who is well-versed in pharmaceutical litigation, Bart Bernard has the expertise and trial savvy to hold negligent companies accountable for their transgressions.

2016 and 2017 were both turbulent years for talcum powder litigation. Juries in Missouri and California rendered five stunning verdicts for plaintiffs totaling over $720 million. Two of these verdicts were later vacated by higher courts, but thousands of trials are still pending.

Why hasn’t Johnson & Johnson offered claimants a mass talc cancer settlement? For now, the company continues to stand behind the safety of its products and is willing to take their chances in court. J&J has won several trials, but with internal documents showing the company knew about talc-cancer risks years ago, it remains to be seen how much longer they can avoid liability.

• 2009: J&J offered Ms. Deane Berg a $1.3 million talc powder settlement on the condition the payout remain confidential. Berg declined the money feeling a moral obligation to let women know about the dangers of ovarian cancer with perineal talc use.
• 2016: Jurors in St. Louis found Johnson & Johnson liable in a talc cancer case, awarding Deborah Giannecchini $70 million in compensatory and punitive damages.
• 2016: The family of Jackie Fox, who died of ovarian cancer, was awarded $72 million in damages when her lawyers proved that J&J was aware of research linking talc to ovarian cancer. The case was tried in Missouri. The verdict was later thrown out on procedural technicalities by the U.S. Supreme Court.
• 2016: J&J was hit with another $55 million judgement in a case filed by Gloria Ristesund, who was diagnosed with ovarian cancer after using the company’s talc products for decades.
• 2017: A St. Louis jury handed down a $110 million verdict to Lois Slemp of Virginia, who argued that Johnson & Johnson’s talc products caused her ovarian cancer.
• 2017: A Los Angeles jury awarded the biggest talc ovarian cancer verdict to date: $417 million to Eva Echeverria. The judgement was overturned and is now on appeal.

J&J maintains that science does not support the allegations that perineal use of talcum powder causes an increased cancer risk. However, attorneys like Bart Bernard are heartened by the multi-million dollar verdicts handed down thus far in courtrooms across the country. Thanks to a growing body of scientific and anecdotal evidence connecting talc with cancer, claimants continue to have hope that justice will be served.

Mass litigation involving consumer products like talcum powder may take years to resolve. So many women have taken action against J&J that the suits have been centralized under Multidistrict litigation (MDL) – a process that should – in theory– save time and resources. In a federal court in New Jersey, the ovarian cancer claims will go through discovery and other pre-trial proceedings. Ultimately, a few of those cases will be selected as “bellwether trials.” If these early cases prove victorious for the plaintiffs, the defendants may opt to settle the remaining lawsuits. However, J&J may decide to offer a global talc settlement at any point during the MDL process.

What we do know at this point is that legal counsel for the plaintiffs have more than 30 expert witnesses to bolster claims that personal hygiene use of talc causes ovarian cancer.

Get the J&J talc settlement you deserve by aligning yourself with a qualified attorney who consistently achieves favorable results. If you or a loved one developed cancer after prolonged use of Baby Powder or any product containing talc, contact the Bart Bernard Injury Lawyers to explore your legal options.

You may be eligible for significant monetary damages to cover radiation and chemotherapy, surgical costs, lost income, pain and suffering, loss of consortium and other losses. The consultation is free and without obligation. Visit our offices or call today for aggressive representation in Lafayette, Baton Rouge and the surrounding communities.

1. Reuters, After $195 million in talc verdicts, J&J strives to change court https://www.reuters.com/article/us-johnson-johnson-cancer-lawsuit-analys-idUSKBN13114F
2. Fortune, Johnson & Johnson Hopes to Reverse Baby Powder Lawsuits http://fortune.com/2016/11/07/jj-talcum-powder-lawsuits/
3. Huffington Post, The Talcum Powder Lawsuit – The Truth, The Lies, and The Cancer Victims https://www.huffingtonpost.com/toby-nwazor/the-talcum-powder-lawsuit_1_b_10609474.html
4. New York Times, $417 Million Awarded in Suit Tying Johnson’s Baby Powder to Cancer https://www.nytimes.com/2017/08/22/health/417-million-awarded-in-suit-tying-johnsons-baby-powder-to-cancer.html
5. Mesothelioma News, Johnson & Johnson Loses First Asbestos Talcum Powder Lawsuit https://www.mesothelioma.com/news/2018/04/johnson-johnson-loses-first-asbestos-talcum-powder-lawsuit.htm

Last modified: May 14, 2018