Ovarian Cancer and Mesothelioma Claims related to Johnson's Baby Powder Advance
Asbestos Litigation
Johnson and Johnson's Baby Powder [JBP] has been a household staple since its inception in 1894. Still, in recent years, the company has faced numerous lawsuits over allegations that its talc-based products contain asbestos, a known carcinogen. Exposure to asbestos from Johnson and Johnson's Baby Powder has been linked to several forms of cancer, including ovarian cancer and mesothelioma. Recently, a Federal court of appeals advanced the cases against Johnson & Johnson by dismissing a petition for bankruptcy that was being utilized to avoid payment of its legal liabilities.
LAWSUITS
In 2013 Johnson and Johnson [J&J] faced a wave of lawsuits from individuals who claimed that the company's Baby Powder caused their cancer. These lawsuits have been ongoing for several years, and J&J has been ordered to pay millions of dollars in damages to plaintiffs who have suffered from these cancers due to using the company's talc-based products.
The US Food and Drung Administration 2019 found traces of asbestos talc in JPB. In 2021 Health Canada confirmed the exposure to JBP and ovarian cancer.
Over 381,000 ovarian cancer cases and 400 mesothelioma cases were consolidated by the Federal Courts into a Multi-District Litigation [MDL] proceeding in New Jersey. JBP was spun off by the parent company, Johnson and Johnson, through a corporate financial maneuver to shield itself from liability. The new company responsibility for JBP liabilities was LTL Management LLC [LTL].
A Missouri jury reached a verdict of $4.69 Billion for 22 ovarian cancer cases related to baby powder exposure. On appeal, the verdicts were reduced to $2.24 Billion for 20 plaintiffs. Ingham v. Johnson & Johnson, 608 SW 3d 663 - Mo: Court of Appeals, Eastern Dist., 2nd Div. 2020. The US Supreme Court refused to take the case on appeal. Johnson & Johnson v. Ingham, 141 S. Ct. 2716 - Supreme Court 2021.
BANKRUPTCY FILING FAILED
An attempt to spin off the liabilities by J&J into another legal entity and utilize bankruptcy to reduce its financial exposure failed as the Third Circuit Court of Appeal was rejected by the court it dismissed the bankruptcy filing.
The Court stated, "J&J’s belief that this bankruptcy creates the best of all possible worlds for it and the talc claimants is not enough, no matter how sincerely held." In re: LTL MANAGEMENT, LLC
The Court reasoned that there was "no valid bankruptcy purpose" for LTL to file for bankruptcy since it was financially solvent when it filed a bankruptcy petition, It had $3.5 Billion in talc-related verdicts, $1 Billion in defense costs, amounting to an expenditure of $10-20 Million per month. It also had an indemnity agreement with its talc supplier, Imererys Talc American.
Also, J&J, in an attempt to avoid responsibility for its asbestos liability, had, through its division merger, A/k/a/ "The Texas Two-Step," J&J had spun off all of its asbestos liabilities, except for workers' compensation claims, to LTL. J&J, at the time of the LTL filing for bankruptcy, had $400 Billion in equity value, a AAA credit rating, and had distributed to its shareholders $13 Billion in dividends in 2020 and 2021.
TALC - ASBESTOS
Talc is a soft mineral like asbestos, a known carcinogen. Talc has been associated with mesothelioma, a fatal and rare cancer.
TALC BASED LAWSUITS ADVANCE
Despite the dismissals and ongoing lawsuits, J&J continues to face criticism over the safety of its talc-based products. The company has consistently maintained that its Baby Powder is safe and asbestos-free, but the evidence presented in the lawsuits suggests otherwise. In response to the criticism, Johnson and Johnson has taken steps to address the concerns, including removing talc-based products from store shelves and offering alternative products.
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The author, Jon L. Gelman, practices law in Wayne, NJ. He is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (Thomson-Reuters). For over five decades, the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have represented injured workers and their families who have suffered occupational accidents and illnesses.
Recommended Citation: Gelman, Jon L., Ovarian Cancer and Mesothelioma Claims related to Johnson's Baby Powder Advance, www.gelmans.com (2023), https://www.gelmans.com/ReadingRoom/tabid/65/ArtMID/1482/ArticleID/1052/preview/true/Default.aspx
© 2001-2023 Jon L Gelman. All rights reserved.
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U.S. judge temporarily blocks two state lawsuits over J&J talc marketingReuters 10/05/2022
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J&J tried to block lawsuits from 40,000 cancer patients. A court wants answersAn attorney for Johnson and Johnson faced probing questions Monday over the corporation's use of a controversial bankruptcy maneuver that has frozen tens of thousands of lawsuits linked to Johnson's baby powder.
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Jury orders Johnson & Johnson to pay $750 million in New Jersey talc case {Reuters 2/5/2020]Johnson & Johnson was ordered on Thursday by a New Jersey state jury to pay punitive damages of $750 million to four plaintiffs who allege that the company’s Baby Powder caused their cancer, a ruling that will be reduced to around $185 million because of state laws, according to a lawyer for the plaintiffs and the company.
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Do You Know What’s in Your Cosmetics? [NYTimes 2-9-2019]Thousands of chemicals, in billions of dollars worth of products, are being governed by regulations that haven’t been updated in decades.
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Johnson & Johnson knew for decades that asbestos lurked in its Baby Powder [Reuter 12/14/2018]Facing thousands of lawsuits alleging that its talc caused cancer, J&J insists on the safety and purity of its iconic product. But internal documents examined by Reuters show that the company's powder was sometimes tainted with carcinogenic asbestos and that J&J kept that information from regulators and the public.
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Johnson & Johnson Feared Baby Powder’s Possible Asbestos Link for Years [NYTimes 12/14/2018]An executive at Johnson & Johnson said the main ingredient in its best-selling baby powder could potentially be contaminated by asbestos, the dangerous mineral that can cause cancer. He recommended to senior staff in 1971 that the company “upgrade” its quality control of talc.
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J&J; Must Pay $72 Million Over Talc Tied to Woman's Cancer [Bloomberg 2/23/16]Johnson & Johnson must pay $72 million to the family of a woman who blamed her fatal ovarian cancer on the company’s talcum powder in the first state-court case over the claims to go to trial.
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Asbestos Found In Ten Powders [NYTimes 3/10/1976]Ten out of 19 body and baby powders tested Mount Sinai Hospital here were contaminated with asbestos fibers capable of causing a rare form of chest and abdominal cancer, researchers have reported. Dr. Arthur Rohl, who conducted the tests with Dr. Arthur Langer, said of the findings: “There is no firm evidence on low‐level or intermittent exposure, such as from using talcum powder. We don't know for sure what the danger level is.”