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Johnson & Johnson Talcum Powder Lawsuit
Explore Talcum Powder Litigation With Top Products Liability Attorneys
Johnson & Johnson talcum powder lawsuits hold the company responsible for failing to warn women about asbestos-contaminated talc products. If you developed ovarian cancer or another cancer after using J&J’s baby powder, our attorneys can guide you through the talcum powder claim process and protect your legal rights. Contact us today for a free consultation about your legal options.
What is Talc and How is it Used?
Talc is a naturally occurring mineral used in various personal care products, including cosmetics and baby powders. It absorbs moisture and reduces friction, making it suitable for preventing skin rashes and reducing caking of cosmetics.
The Alleged Connection Between Talcum Powder and Ovarian Cancer
Scientific evidence has mounted since the 1960s that talcum powder can cause ovarian cancer, especially when used near the genitals. In 2024, the World Health Organization’s International Agency for Research on Cancer released a study determining that talc powder is probably carcinogenic to humans, with clear evidence of cancer in animal studies.
Talc powder lawsuits center around the fact that many of these products were contaminated with asbestos, which can cause cancer. Research has demonstrated that when asbestos is applied near the perineum, it transforms the single-layered ovarian surface into a multilayered surface with abnormal cells. A 1971 study of ovarian cancer tumors found potential talc chemicals inside the cells.
The Debate Over Asbestos Contamination in Talc
Many talcum powder products are contaminated with asbestos. This is because asbestos and talc are silicate minerals that are often found in close proximity to each other.
There is no safe level of asbestos exposure as it is a known carcinogen. Using talc-based powder near the body cavity can allow the asbestos to be absorbed into the body, causing ovarian cancer.
Ovarian cancer is not the only risk from asbestos exposure. In mesothelioma lawsuits filed against large companies, patients developed lung cancer due to breathing in the tiny fibers. Research demonstrates that household talc usage can also result in mesothelioma.
Johnson & Johnson’s Talc-Based Baby Powder and Shower to Shower Products
Talcum powder litigation centers around Johnson & Johnson’s baby powder and Shower to Shower products. It is alleged that these products were contaminated with asbestos, increasing the risk of ovarian cancer.
Johnson & Johnson’s talc products suppliers, Cyprus Mines Corporation and Imerys Talc America, have both filed for bankruptcy due to ongoing litigation with J&J. Cyprus Mines filed in 2021, with Imerys filing shortly after.
The company withdrew all tac-based products from the North American market in 2020 due to mass tort claims.
Talcum Powder Lawsuits Against Johnson & Johnson
Johnson & Johnson has faced thousands of lawsuits related to its talcum powder products. One of the first talc trials was held in 1997 for a couple who developed cancer. However, it was later dismissed, despite discovery revealing documents that affirmed the company’s talc-based products contained asbestos.
In another lawsuit, held in 2016, a jury found Johnson & Johnson liable for the death of a woman diagnosed with ovarian cancer after using the company’s baby powder. The woman’s family was awarded $72 million in this wrongful death case.
Talc lawsuits are still ongoing, and thousands of plaintiffs have come forward to share their stories. These lawsuits allege that the company was aware of the risk but still chose to sell talcum powder products to unsuspecting consumers.
Allegations Against Johnson & Johnson: Failure to Warn and Concealment of Risks
In 2018, Reuters found that Johnson & Johnson was aware of the ovarian cancer risks from talc-based baby powder for decades, but did nothing to mitigate the danger. In fact, the company selectively employed testing and concealed unfavorable test results to avoid having to pull products from shelves.
In 1977, the company produced a campaign, “Defense of Talc Safety,” that attempted to dismiss the potential danger of talc use. This campaign cited “independent authorities” that stated talcum powder was free of hazards. Despite that, evidence continued to grow that the company’s talc powders were contaminated.
A 1984 test of talcum powder samples revealed the presence of asbestos fibers, as did similar tests conducted in 1985 and 1986. However, the company continued to use the same supplier until 1989, when it divested from that mine. Important documents from the mine were destroyed shortly before divestment.
The Scope of the Litigation: Thousands of Lawsuits Filed Nationwide
There are currently over 50,000 ovarian cancer lawsuits related to the company’s talc products. Attorney generals from 43 states, including Illinois Attorney General Kwame Raoul, joined in this lawsuit. In 2024, the company agreed to pay $700 million to talc plaintiffs and permanently stop selling any talc products.
Key Legal Arguments in the Talcum Powder Cases
Tort law is based on the concept of negligence. This has four elements, including the following.
Duty of Care: Companies that sell products to the public must take reasonable precautions to mitigate potential risk factors, such as carcinogenic substances. Manufacturers have strict liability for their products, meaning they can be held liable even if they were not aware of the potential risks.
Breach of Duty: The liable party failed to uphold their duty of care. This could include failing to test for asbestos, refusing to provide disclaimers on packaging, or not recalling products after finding a link between talc powder and ovarian cancer cases.
Causation: The plaintiff’s cancer or mesothelioma was directly related to talc use. To show this, the plaintiff’s counsel must demonstrate that the patient did not have other known cancer risks and that the specific cancer has been linked to talc powder.
Damages: The victim suffered financial or emotional losses due to their cancer. In a wrongful death case, these damages can also cover the family’s losses, such as grief and funeral expenses.
Talcum powder cases center on Johnson & Johnson’s liability for producing potentially hazardous products. However, Johnson & Johnson cases also rely on failure to warn, as evidence shows that the company had been aware of the dangers posed by talc powder. Because of this, juries may award punitive damages, as J&J recklessly disregarded the welfare of its consumers in favor of profit.
The Role of Multidistrict Litigation (MDL) in Consolidating Cases
Most of Johnson & Johnson’s talc cases have been consolidated in a multidistrict litigation (MDL) case, currently being held in the New Jersey District Court. An MDL enables the collective management of all current and future claims, thereby reducing lawsuit costs and facilitating the sharing of information among attorneys.
The lawyers for both sides will select a representative sample of cases to be considered, known as bellwether cases. These cases help establish the legal grounds to sue and demonstrate the viability of all the cases.
One benefit of an MDL is that it demonstrates a clear pattern of ovarian cancer claims related to talc products. While one talcum powder claim could be considered a fluke or linked to other cancer risks, thousands of cases taken together show that Johnson & Johnson’s baby powder is a universal factor in each case.
Johnson & Johnson’s Bankruptcy Filing and Its Impact on Litigation
Johnson & Johnson has attempted to place all talc lawsuits in bankruptcy court by creating a subsidiary called LTL Management LLC and transferring all talc litigation to this company. The company then filed for bankruptcy in 2021.
This mass tort bankruptcy case would prevent current and future claimants from holding Johnson & Johnson accountable, a tactic colloquially known as the “Texas Two-Step.” Purdue Pharma used the same strategy to avoid responsibility for its role in the opioid epidemic, and the US Supreme Court in Harrington v. Purdue Pharma ruled against it. A current House Bill, the Nondebtor Release Prohibition Act of 2024, is attempting to close this loophole, while
The company established a multi-billion-dollar settlement fund to cover all current talcum powder litigation and future ovarian cancer claims. However, bankruptcy judge Michael Kaplan ruled against the company, claiming that the subsidiary was not in financial distress and the talc bankruptcy was not made in good faith.
It also filed for bankruptcy through its subsidiary, Red River Talc LLC. In this third bankruptcy filing, held in the Southern District of Texas, a federal judge ruled to dismiss the claim as an attempt to avoid liability.
Seeking Compensation for Talcum Powder-Related Cancer
Our attorneys will guide you through every aspect of a talc powder lawsuit, including how to negotiate with J&J’s attorneys. We will file a lawsuit on your behalf and issue a demand letter to the company, explaining why you have a case and how much we feel your claim may be worth.
Who Can File a Talcum Powder Lawsuit?
To file a talc lawsuit, you must have a cancer known to be linked to talc products, such as ovarian cancer or mesothelioma. You must also have a history of using J&J’s talcum powder prior to your diagnosis.
We can prove this using medical records, receipts, and witness testimony demonstrating that you used these products on a regular basis.
Types of Damages in Talcum Powder Lawsuits
Successful talc litigation will compensate you for the harm caused by Johnson & Johnson, referred to as damages. These are typically separated into economic and non-economic damages.
Economic damages pay for hard financial losses related to your cancer. This can include:
- Medical bills
- Out-of-pocket medical expenses
- Lost wages
- Loss of earning potential
- Funeral and burial costs for wrongful death
Non-economic damages consider how ovarian cancer or mesothelioma has changed your life, including emotional harm and physical pain. Damages can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
- Grief for wrongful death
In ovarian cancer lawsuits that go to court, a jury may also award punitive damages. These are meant to punish the company for failing to protect consumers.
Steps to Take if You Suspect Talcum Powder Caused Your Cancer
If you suspect that J&J’s products resulted in ovarian cancer or mesothelioma, your first step is to get high-quality medical treatment from an oncologist, such as the University of Chicago’s Comprehensive Cancer Center or the Robert H. Lurie Cancer Center. Once you are in treatment, take the next steps to getting justice for your injuries.
Gather Your Medical Records and Diagnosis Information
To succeed in a personal injury case, you will need extensive documentation, particularly medical records. Our attorneys will help you obtain your complete medical records related to your cancer diagnosis and treatment. In many cases, we’ll also look at records prior to your diagnosis to demonstrate that you did not have other risk factors.
Document Your History of Talcum Powder Use
We must demonstrate that you have a documented history of talc usage. Purchase receipts, product containers, and witness statements from family and friends can serve as evidence of this.
Consult with an Experienced Talcum Powder Lawsuit Attorney
Lawsuits against multinational corporations like Johnson & Johnson require experienced legal advice. You should consult an ovarian cancer lawyer as soon as possible to guide you through the process and ensure that you have the best chance of success.
Filing a Talcum Powder Lawsuit Against Johnson & Johnson
Talc trials can be challenging due to the company’s history of dismissing evidence and aggressively fighting liability. Thankfully, our attorneys are highly experienced in high-stakes product liability cases and can ensure you receive maximum compensation.
Investigating Your Claim and Gathering Evidence
We will gather comprehensive evidence linking cancer to J&J’s products, including medical records, witness testimony, and expert witness depositions. We’ll also look at the company’s history, such as prior reports of asbestos contamination that were suppressed by Johnson & Johnson.
Filing a Lawsuit in the Appropriate Court
Our team will prepare a formal complaint naming J&J as the defendant and outlining the evidence we have collected. We’ll then file this with the appropriate court, which will vary depending on whether you are joining an MDL or filing separately.
The Discovery Process: Exchanging Information
Discovery is a crucial element in any lawsuit. During this process, both sides will exchange information that they have gathered through depositions, interrogatories, and document requests.
Depositions involve interviewing witnesses under oath. Attorneys for both sides can ask questions, and a court reporter will accurately transcribe the details. Interrogatories are similar to depositions, but they involve lawyers writing down questions that the witness will answer in a document. Lastly, attorneys can request relevant documents, like medical records or product testing records.
Negotiating a Settlement
In many cases, we can reach an agreement with the defendant’s insurance company before proceeding to trial. The benefits of negotiating a settlement include a faster resolution, guaranteed compensation, and fewer legal fees.
This process begins when we send the company a demand letter, which outlines the amount we believe you are entitled to based on the evidence. The company will then submit a counteroffer, and each side will continue to suggest different sums until an agreement is reached. When you accept the settlement, you will sign a contract promising not to request more and to keep your settlement confidential.
Going to Trial
Sometimes, it’s not possible to settle with the company. They may play games like refusing to review your case, demanding irrelevant documentation, or failing to respond to requests. In this instance, we can file a lawsuit. This will involve selecting a jury of your peers, presenting evidence to the court, and making closing arguments.
A civil case has a lower burden of proof than a criminal case. We must provide a preponderance of evidence linking your ovarian cancer or mesothelioma to J&J’s products. In other words, it is more likely than not that your use of talc was the primary factor in developing cancer.
At the end of the trial, the jury will decide which side has presented the most convincing argument. If they decide in your favor, then you will be awarded damages. Illinois does not have a cap on personal injury damages, as evidenced by court cases like LeBron v. Gottlieb Memorial Hospital, which determined that settlement caps limit a jury’s power.
Statute of Limitations for Filing a Talcum Powder Lawsuit
In Illinois, personal injury cases like product liability or wrongful death have a statute of limitations of two years (735 ILCS 5/13-202). However, cancer can take years to develop, and many individuals use talc powder for years before getting a cancer diagnosis.
The law provides additional time to file if you did not immediately discover the injury, called the delayed discovery rule. The statute of limitations would then be two years after discovering that you had cancer and that it may have been related to body powder.
Why Choose Our Chicago Johnson & Johnson Talcum Powder Lawyers?
Talcum powder lawsuits against large companies like Johnson & Johnson can be particularly challenging. These corporations have millions of dollars to spend on litigation, which is why you need nationally recognized attorneys with deep experience in cases like yours.
Rosenfeld Injury Law has been protecting consumers for over 25 years and has a 98% success rate, making us one of the most well-respected personal injury law firms in the Chicagoland area.
Experience in Handling Complex Product Liability Cases
We have a long track record of success in handling product liability cases from all industries. In one of our landmark settlements, we settled with a punch press manufacturer for $11,000,000 after a worker suffered an amputation. Through careful research, we can demonstrate a direct link between your ovarian cancer or mesothelioma and your use of talc.
Resources to Investigate and Build a Strong Case
With our vast network of contacts and resources, we can conduct a thorough investigation that incorporates thousands of documents. Our team will use all available evidence, such as asbestos testing and your medical records, to show that talc was the primary cause of your cancer diagnosis.
We can also consult with expert witnesses who can explain how talc becomes contaminated with asbestos, why asbestos causes cancer, and how your symptoms match similar cases. This eliminates some of J&J’s potential defenses, such as that you may have been exposed to other carcinogens or had a family history of this cancer.
Compassionate and Dedicated Representation
Our primary goal is to hold negligent companies accountable for their grievous failures to protect consumers. Beyond that, though, we consider the human impact of our work. Our legal advocates know that a lawsuit is stressful for anyone, but especially individuals battling cancer or grieving a loved one.
We are firmly committed to offering each client the support they need to heal. You will receive personalized advice, ongoing case updates, and guidance on finding additional resources, such as support groups.
Maximizing Your Compensation
At Rosenfeld Injury Lawyers, we never settle for less than the best. We will fight to obtain the maximum compensation for every client, taking into account factors such as available evidence, liability, and insurance policies. Using our extensive negotiation skills, we will demonstrate why you deserve the highest possible settlement.
Consult a Talcum Powder Lawyer Near You!
Our lawyers are passionate about protecting consumer rights and holding negligent companies accountable for their failures. If you’ve been diagnosed with cancer after using talcum powder, we are here to fight for you.
We have recovered over $450 million on behalf of 5,000 clients. To ensure everyone can afford high-quality legal support, we work on a contingency fee basis. You owe us nothing unless we are able to earn you a settlement.
To consult with an experienced personal injury attorney in Chicago, call us at (888) 424-5757 or use our online contact form.
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All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.