J&J Prepares to Pay $4 Billion to Settle Talc Lawsuits
In a recent filing with the Securities and Exchange Commission (SEC), Johnson & Johnson (J&J) reserved $4 billion for litigation related to its talc-based products. The funds could be used to cover legal expenses related to baby powder and Shower to Shower lawsuits and claims, including jury verdicts and settlements. J&J is currently fighting approximately 27,000 lawsuits alleging injuries and deaths caused by its talc-based products.
Johnson & Johnson Has Not Admitted Any Liability or Wrongdoing
As stated above, the company has reserved funds to cover legal expenses related to product liability lawsuits. However, that does not mean that J&J has admitted any wrongdoing or liability. J&J has appealed many verdicts awarding millions of dollars to plaintiffs who developed ovarian cancer after using Johnson’s baby powder and Shower to Shower products.
In those cases, the women allege that the products contained asbestos, which caused them to develop cancer. In some cases, the individuals died after a cancer diagnosis, and family members filed wrongful death claims seeking compensation for damages.
Even though J&J is fighting some lawsuits, the company has agreed to settle other claims. In October 2020, Bloomberg reported that the company had agreed to pay more than $100 million to settle over 1,000 talcum powder lawsuits.
Lawsuits Allege J&J Knew About the Risk Factor for Ovarian Cancer
The lawsuits against J&J claim that the company knew that its baby powder products contained asbestos for decades. The company reportedly knew that the talcum powder used to produce their products contained trace amounts of asbestos. J&J vigorously denies the allegations, claiming that its products are safe and asbestos-free.
The majority of talcum powder cases against J&J and other defendants are consolidated in the U.S. District Court for the District of New Jersey. However, there are hundreds of other cases pending in state courts.
What is Talc?
Talc is a soft mineral found naturally in rock deposits. The mineral is mined for use in numerous products.
The talc is crushed into a fine, soft, white powder. The powder is used in products such as baby powder, deodorant, makeup, paint, and ceramics. Talc can contain asbestos particles, which are known to cause cancer.
Are You Eligible to File a Baby Powder Lawsuit?
If you used a product containing talcum powder product and were diagnosed with mesothelioma or ovarian cancer, you could have standing to file a product liability lawsuit. If your family member died from one of these diseases after using baby powder, you might have standing to file a wrongful death lawsuit.
However, you must prove a link between the use of the powder and the development of ovarian cancer. In most cases, women must show that they used the talcum powder products almost daily around the genitals before being diagnosed with ovarian cancer. The powder must have contained talc. Cornstarch-based powders do not contain talc and are not subject to the lawsuits.
Statute of Limitations for Johnson & Johnson Baby Powder Lawsuits
The J&J lawsuits contain product liability claims. The statute of limitations for product liability claims vary by state. Many states have a two-year statute of limitations for product liability lawsuits. However, some states have shorter or longer deadlines for filing lawsuits.
The clock for the statute of limitations usually begins with the date you received your cancer diagnosis or the date you discovered that talcum powder contributed to the development of your ovarian cancer.
The deadline for filing a wrongful death lawsuit could be shorter or longer than the deadline for filing a product liability lawsuit. The best step you can take is to consult with a talcum powder lawsuit attorney as soon as possible. You do not want to lose your right to file a lawsuit holding J&J or another company liable for the damages caused by their defective product.
Damages For Talcum Powder Claims
The damages that a victim might receive from filing a talcum powder lawsuit include:
- The cost of medical treatment for ovarian cancer or other injuries caused by talcum powder
- The loss of income and benefits if the person is unable to work, including decreases in future earning potential
- Physical pain and suffering caused by cancer
- Mental anguish, emotional suffering, and psychological harm
- Loss of quality of life and decreases in the enjoyment of life
- Decrease in the life expectancy or life span of the person because of the cancer
- Wrongful death damages for families whose loved ones die because of ovarian cancer
The type of damages and the value of the claim depend on the facts of the case. However, juries have awarded multi-million dollar verdicts in J&J lawsuits. If you have questions about a talcum powder lawsuit, a lawyer can review your case and advise you of your rights.