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Are You Interested to Know More About Talcum Powder Lawsuits?

by | Nov 2, 2024 | Product liability

Overview

More than 1,000 women have filed talcum powder lawsuits in the state and federal courts since talcum powder producers failed to disclose asbestos contamination in their products. Johnson’s baby powder, Shower to Shower by Valeant pharmaceuticals, and Baby Magic baby powder are the most common talc products used by people for personal hygiene. Ovarian cancer and mesothelioma are the most common diseases that are diagnosed due to the regular usage of talcum powder.

When women use talc-based powders in their genital area or dust on sanitary pads, the minuscule particles can reach the ovaries and cause ovarian cancer. Inhaling asbestos-contaminated talcum powder can also cause mesothelioma. There are also rare reports of talcum powder testicular cancer, though not evident as ovarian cancer.

If you were diagnosed with cancer due to using talcum powder, you might be able to file a product liability claim against the product’s manufacturer, retailer, or distributor.

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What is Talcum Powder?

Talc is a gentle mineral that is used to moisturize, protect, and perfume the skin. It is manufactured from the mineral talc, mostly composed of oxygen, silicon, and magnesium. It is used to maintain the skin smooth as well as to prevent sores. A light dusting of talc will help your makeup last longer by absorbing facial oils and setting your makeup.

What Are the Products Containing Talcum Powder?

The FDA tested and discovered asbestos in the following talc-based products.

  • Chalk
  • Paint
  • Makeup products such as foundation and eye shadow
  • Toothpaste
  • Baby powder
  • Diaper rash creams
  • Soap
  • Gold bond
  • Nivea pure talc
  • Deodorant
  • Shower to Shower body powder
  • Asphalt shingles

What Are the Risks Associated with Talcum Powder?

According to scientific investigation, talcum powder has been linked to ovarian cancer since the 1960s. In 1971, the researchers conducted the first study associating talcum powder use to ovarian cancer and discovered that talc particles were present in 75 percent of ovarian cancer.

In 1992 research, it was found that women who used talcum powder had a 33 percent higher risk of ovarian cancer. Women who use talc powder once a week for feminine hygiene have a thirty to sixty percent greater risk of developing ovarian cancer. Similar risk findings were validated in studies conducted by Hardward researchers in 2008 and Cancer Prevention Research in 2013. The use of talcum powder during ovulation increases the risk of ovarian cancer by 92 percent.

What Kinds of Cancers Can Be Caused by Talcum powder?

  • Ovarian cancer
  • Uterine Cancer
  • Mesothelioma
  • Lung cancer
  • Stomach cancer
  • Endometrial cancer

Some other life-threatening illnesses are also caused by talcum powder. They are,

  • Talcosis and chronic lung irritation
  • Pneumonia
  • Respiratory problems
  • Asthma
  • Irritation of skin
  • Cough
  • Vomit
  • Irritation of throat

Ovarian Cancer Signs and Symptoms

The sign and symptoms of ovarian cancer may include,

  • Pelvic discomfort
  • Back pain
  • Frequent urination
  • Abdominal bloating
  • Constipation
  • Weight loss
  • Bowel movement changes

Mesothelioma Signs and Symptoms

The following are some of the signs and symptoms of mesothelioma.

  • Fever
  • Night sweats
  • Chest pain
  • Fatigue
  • Pain in the abdomen
  • Wheezing

If you use talcum powder regularly and are experiencing any of the above symptoms, don’t delay consulting a doctor and then a talcum powder lawyer.

Talcum powder lawsuits for ovarian cancer had been brought by women who used

  • The honest company organic powder
  • France based Imerys
  • Burt’s bees baby dusting powder
  • Nature’s baby dusting powder

Talcum Powder Lawsuits

Talcum powder lawsuits are considered product liability actions, and each state’s statute of limitations varies. This legislation usually lasts two to ten years. The majority of states have a talcum powder lawsuit deadline of two years.

It depends on the circumstances either, from the date they came to know that talcum powder usage is the cause of their cancer or the date they have diagnosed with the disease. A talcum powder lawsuit attorney will help you be clear with the talcum powder lawsuit statute of limitations according to the state you live in.

You might be eligible to file a talcum powder lawsuit if you or someone else in your family was diagnosed with an illness due to the frequent use of talcum powder. Fortunately, as a part of a talcum powder lawsuit, you may be qualified to file a claim for compensatory damages. The attorney must prove that the usage of talcum powder is the cause of the damages. People who use cornstarch-based baby powder are not qualified to file a lawsuit since these products are not found to contain talc particles.

Johnson & Johnson Talcum Powder Lawsuits Settlement

Johnson & Johnson, the world’s largest marketer of baby powder, is being sued from all across the country. The first Johnson and Johnson baby powder lawsuit settlement was made in the federal court in 2013. Since 2013, several talcum powder lawsuits have been filed against the company, and a huge amount of dollars was awarded to the plaintiffs.

In 2018, J&J was slammed with a $4.7 billion verdict after twenty-two women claimed cancer was caused by J&J baby powder. It was the highest payout compared to other talcum powder lawsuit settlement amounts. Johnson & Johnson is currently facing more than 34000 talc powder testicular cancer lawsuits. Over 10,000 of these claims have been merged into multidistrict litigation across the United States, and demand compensation for

Talcum Powder Lawsuits Settlement Examples

A talcum powder lawsuit was launched by Ann Zoas, a 78-year-old New York woman who developed mesothelioma after years of using Johnson’s baby powder. Zoas claimed that she used the baby powder on a regular basis between 1945 and 1948 and almost 80 percent of the time between 1949 and January 2017. After the frequent use, doctors diagnosed that she had mesothelioma. Johnson & Johnson agreed to a $1.5 million settlement in the year 2018.

Jacqueline was an Alabama native. For 35 years, she had used Johnson & Johnson’s talcum-based baby powder. Jacqueline passed away from ovarian cancer, and the jury returned a verdict of $72 million dollars. Punitive damages – compensation for Johnson & Johnson’s negligence made up the majority of the verdict.

After acquiring ovarian cancer, another woman who had used Johnson & Johnson’s baby powder for nearly 40 years sued the business in May 2016. The jury returned the Johnson & Johnson baby powder lawsuit settlement as a $55 million verdict in the case. Punitive damages made up a large part of the verdict once again.

Lois Slemp brought the talcum powder lawsuit against Johnson & Johnson’s talcum powder product. She alleged that she suffered from ovarian cancer due to the regular usage of Johnson & Johnson’s baby powder and Shower to Shower body powder. She has used these products for more than 40 years. In May 2017, Lois Slemp was granted $110 million in compensation and punitive damages by a jury.

The victims of some of these talcum powder lawsuits have incurred thousands of dollars in medical bills and other damages as a result of their injuries.

J & J Talcum Powder Lawsuit Update 2022

At the beginning of 2022, Johnson & Johnson declared a Chapter 11 bankruptcy. The bankruptcy move of the corporate shark was considered by the claimants and the attorneys as an option to escape from the financial responsibility of the lawsuits.

Despite the voice of many plaintiffs, Judge Michael Kaplan approved Johnson & Johnson’s bankruptcy plan in February 2022. The judgment would allow the company to pay the victims lesser talcum powder settlement amounts. However, there would be no restrictions in filing new cosmetic talc claims.

The judge added that the court understands the emotions of all the claimants. He assured that justice would be served by providing critical compensation through a court-supervised, fair, and less costly settlement trust arrangement.

In response to the current judgment, Johnson & Johnson stated that it is a positive development and a step forward to reaching a global resolution. They added that they would continue to stand behind the safety of Johnson’s Baby Powder, which is safe, does not contain asbestos, and does not cause cancer.

J & J Talcum Powder Lawsuit Update 2023

On July 18, 2023,a California jury ordered Johnson & Johnson to pay a cancer patient $18.8 million. The lawsuit alleged that the 24-year-old man developed mesothelioma because of his constant usage of  J&J’s talcum powder product from childhood. The compensation stands out as the best example that the victims of the J&J’s talcum powder are compensated to the best with the support of valid medical evidence proving the dangers of the talc.

As of J & J talcum powder lawsuit October update 2023, a New Jersey court of appeals overturned a jury’s $223.8 million judgment against Johnson & Johnson (JNJ.N). It was for four plaintiffs who contracted cancer after being exposed to asbestos in the firm’s talc powder products.

J & J Talcum Powder Lawsuit Update 2024

J&J announces that it has settled state investigations into whether the company misled customers about the safety of its talc product for $700 million with the attorneys general of 42 states.The settlement may stop future lawsuits alleging the company knew about the connection between cancer and its talc powder products, but it has no bearing on individual talcum powder cases.

In May 2024, there were around 53,950 active talcum powder lawsuits pending in MDL-2738 under Judge Michael A. Shipp in New Jersey.

A new study published in the Journal of Clinical oncology by the National Institutes of Health (NIH) in May 2024 identified that genital talc use was associated with ovarian cancers in women. The study mainly concentrated on the link between intimate care product use and breast, ovarian and uterine cancers. This study is expected to support the claims made in the existing Talcum powder lawsuits.

Talcum Powder Lawsuit Update June 2024

As of June 3, 2024, there are 57,365 active lawsuits pending in the MDL. The company had agreed to pay a settlement of $6.5 billion as settlement to the lawsuits in the U.S. related with ovarian cancer. Reports on June 10, 2024 suggest that J&J reached a $700 million settlement with 43 states and the District of Columbia.

August 2024 Update

Around 300 new lawsuits were added to the ongoing MDL last month, adding the total to 57,782.

A South Carolina judge gave a $63.4 million verdict to Michael Perry in a mesothelioma claim against Johnson & Johnson and American International Industries. This included $32.6 million in compensatory damages, $30 million in punitive damages from Johnson & Johnson and $760,000 punitive damages from American International Industries.

He developed mesothelioma from the continuous exposure to asbestos in Johnson’s baby powder. The case proved that the companies knew about the asbestos presence in baby powder but failed to warn the consumers of the danger.

Though many mesothelioma claims were settled by Johnson & Johnson, Perry’s case went to trial securing a decent verdict. Johnson & Johnson is also attempting to settle thousands of other lawsuits through bankruptcy and a proposed $6.5 billion settlement.

September 2024 Update

Around 57,937 Talcum powder lawsuits were pending in the MDL to be resolved.

The U.S. District Judge presiding over the talcum powder MDL, Judge Shipp, has rejected a request to present two cases in the first federal trial. He asked the plaintiffs to select a single claim by September 24, 2024, for the trial set to begin in December 2024.

Earlier, the Plaintiffs’ Steering Committee (PSC) had requested to present two claims, arguing that consolidated cases are allowed by federal rules. Judge Shipp upheld a previous decision by retired Chief Judge Wolfson, who prohibited consolidated cases from being used as bellwethers. Judge Shipp found no basis to overturn Wolfson’s prior ruling and denied the PSC’s request for consolidation.

Raised Settlement Offer Raises Hopes

Johnson & Johnson has significantly increased its talcum powder cancer lawsuit settlement offer in two phases. In May 2024, the company proposed a $6.48 billion settlement to resolve nearly 54,000 lawsuits, largely related to claims that its talc-based products, including Baby Powder, caused ovarian cancer. This offer was intended to be paid over 25 years and facilitated through the bankruptcy of its subsidiary, LTL Management. To move forward, the plan required 75% of plaintiffs to agree, a threshold that was reportedly reached by July 2024.

In September 2024, J&J increased the settlement by an additional $1.1 billion, raising the total to $9 billion. (This included earlier settlements over $2 billion.) This increase was made to further secure support from plaintiffs, including a key lawyer representing over 12,000 clients. The settlement will be paid out over a period of 25 years and aims to resolve most of the ongoing litigation surrounding ovarian cancer claims, though it does not cover cases related to mesothelioma.

In 2021, the U.S. Supreme Court refused to overturn a $2.1 billion verdict awarded to 22 women who claimed Johnson & Johnson’s talcum powder caused their ovarian cancer. Despite J&J’s efforts, courts have continued to side with plaintiffs, particularly in cases involving mesothelioma linked to asbestos in talc. For instance, J&J was recently ordered to pay $63.4 million to a man who developed mesothelioma after years of baby powder use. J&J also recalled 33,000 bottles of baby powder in 2019 after tests confirmed the presence of asbestos.

November 2024 Updates

As pe rthe latest update in November 2024, there are 58,198 Talcum powder claims pending in the MDL.

How to Choose a Talcum Powder Lawyer?

Before choosing a talcum powder lawsuits attorney, you must analyze,

  1. If the lawyer would work on contingency fees basis
  2. If the lawyer has previous experience in talcum powder lawsuits
  3. If he has a successful record in his previous cases

Steps in Talcum Powder Lawsuits

  • The first step is to determine the plaintiff’s qualification, whether he is eligible to initiate a case against the talcum powder manufacturer.
  • The attorney should investigate if the victim’s long-term usage of talcum powder had caused the illness.
  • The talcum powder attorney will suggest an alternative that will provide the plaintiff with the recompense and assist him in filing talcum powder lawsuits.
  • The final step is the talcum powder lawsuits attorney will fight to win the lawsuit. Before getting to trial, the vast majority of talcum powder lawsuits are settled.

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Recalled Talc-Based Products

Many companies had recalled their talc-based products after thousands of lawsuits were filed against them.

  • Johnson & Johnson baby powder has been marketing the most famous talcum baby powder for over a hundred years. On October 18, 2019, Johnson & Johnson recalled 33,000 bottles of baby powder after it was discovered that they contained minor amounts of asbestos. Due to the numerous talcum powder lawsuits against the company, Johnson & Johnson stated in May 2020 that they would no longer sell talc-containing baby powder in the United States and Canada.
  • On June 6, 2019, Beauty plus global and Claire’s Stores Inc. recalled their products Beauty plus global Contour Effects Palette 2 and Claire’s Jojo Siwa Makeup. On September 6, 2019, Beauty plus global recalled their product Beauty Plus Global Inc.

Recently Johnson & Johnson, after facing all these lawsuits has decided to stop selling baby talcum powder in the U.S.

Safety Precautions

  • Baby powder should always be kept out of children’s reach
  • Avoid using talcum powder on broken skin
  • You should not use powder around children who has lung disease
  • To prevent inhaling the powder, keep talcum powder away from your child’s face.
  • Women should not apply talcum powder to their genital area to avoid uterine cancer caused by talcum powder
  • Don’t forget to read the ingredient label while purchasing any talc-based product

Conclusion 

Talcum powder manufacturers tried hard to conceal the dangers of their goods instead of warning the public or recalling them. They made billions of dollars while innocent people suffered as a result of their actions. Johnson & Johnson not only neglected to notify the public but also withheld the findings of the tests from the FDA.

Most pediatricians advise against using baby powder on infants to minimize these dangers. Therefore, to avoid contracting illnesses due to talcum powder use, observe the precautions mentioned above. Asbestos-free talc products are generally regarded safe to use, but there is no way to tell if the talc you are using is fully asbestos-free.

If you were diagnosed with ovarian cancer, mesothelioma, or another ailment due to everyday usage of talcum powder, you might be eligible for compensation. The first step toward pursuing compensation may be to hire an experienced attorney and file a class action case.

To get the talcum powder lawsuit update 2023, follow our blog.

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