- Talcum Powder Lawsuits: When Something So Familiar Becomes a Serious Health Question
- What are the talcum powder claims actually about?
- Why this became a mass tort
- Who usually considers a talcum powder claim review?
- What to do if you’re thinking, “This might be me”
- What compensation can include
- A gentle next step
Talcum Powder Lawsuits: When Something So Familiar Becomes a Serious Health Question
There was a risk. It wasn’t made clear to me in a way that would allow me to make an informed choice.
A cornerstone of the litigation over Johnson’s Baby Shout as well as other talcum powder products is whether asbestos is present. Johnson and Johnson insists its talcum powder does not contain asbestos and is safe to use, though numerous women have sued the company claiming their use of its products led to ovarian cancer. AP News][1])
Below is an easy-to-understand guide to what these claims are about, why the court case is still unresolved, and what to do if you want to know whether your situation counts. General information only—not legal or medical advice.)
What are the talcum powder claims actually about?
The majority of talc powder lawsuits are based on one of two main claims:
1) Ovarian cancer claims**
A number of women have brought lawsuits alleging that the application of talcum powder on the perineum over a prolonged period has led to the development of ovarian cancer and that this application was not accompanied by adequate warnings.
2) Mesothelioma claims (asbestos contamination allegations)**
The manufacturers of talcum powder have been sued by several individuals who claim that these products caused their mesothelioma. They claim that these products contained asbestos. Reuters][2])
Using talcum powder does not guarantee that you will develop cancer. Not everyone with these health conditions had talc powder as a contributing factor. In many instances the problems relate to prolonged and repeated use – long-term exposure which can result in a serious diagnosis altering the course of a person’s life.
Why this became a mass tort
There is a considerable amount of litigation relating to talc. Numerous thousands of lawsuits have been filed and several claims at the federal level have been consolidated into MDL No. In the matter of Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation, MDL No. 2738 in the U.S. District Court for the District of New Jersey. New Jersey District Court][3])
Mass tort is a term which is often used to describe several individual lawsuits which are heard in courts at the same time. These individual lawsuits may have similar complaints, similar defendants and similar issues. It is generally used to signify:
Each of the wounded has their case to pursue.
Courts help avoid duplication of time and effort, by dealing with similar issues in several cases at the same time.
Litigation relating to this case is in the midst of ongoing court proceedings.
Recent newspaper headlines may seem conflicting as they include stories about large court awards, suggested settlements, companies going bankrupt and court decisions that blocked compensation. The fact is, changes have been taking place and continue to do so; it’s these changes that make this sector feel bewildering.
The changes include adjustments to the product’s user interface, improvements to customer service and making several back office process more efficient.
Johnson and Johnson ceased the manufacture of talc-based baby powder in 2023 for all markets. The lawsuits, however, continue to proceed with the claims involving past use of talc-based products. AP News][1])
Major jury verdicts have been handed down recently. A Los Angeles jury decided that two women suffering from ovarian cancer should be paid **$40 million** because Johnson & Johnson talcum powder had led to their cancer. Johnson and Johnson plan to appeal against the verdict. AP News][1])
In a verdict linked to asbestos in talc, a Los Angeles jury awarded $966 million to those with mesothelioma claims against Johnson and Johnson. The firm denied any wrongdoing and will appeal the decision. Reuters][2])
Johnson and Johnson has attempted on multiple occasions to resolve ovarian cancer claims using the bankruptcy strategy of a subsidiary and a US bankruptcy judge has rejected a proposed $10 billion settlement. Reuters][4])
Johnson and Johnson has filed a pre-packaged Chapter 11 bankruptcy claim via a subsidiary in September this year. This is in order to resolve claims of ovarian cancer that had been linked to their talcum powder. JNJ.com][5])
The situation remains very much a live court case. Litigations are occasionally resolved; however, others are referred to a court for a hearing. The complex legal tactics employed are constantly tested and reviewed in real time.
Who usually considers a talcum powder claim review?
People who explore a talc claim typically have a combination of:
Serious diagnoses which include ovarian cancer or alternatively mesothelioma, are typically associated with the condition ([AP News][1])
A history of talc exposure is common in people who have regularly used talcum powder over a long period. This exposure has been through personal hygiene use of talc, or home use of talc products.
A timeline where use reasonably predates diagnosis
There is no need to have a photographic memory or keep every receipt from a bottle of wine. Generally, people fail to do this. It is not the quality of your medical documentation that is the issue, but rather how you use it over time. What is important is that a clear, consistent picture of your use, time and medical records is built.
What to do if you’re thinking, “This might be me”
At a time when you’re coping with a cancer diagnosis, or one given to a loved one, the mental load is already considerable. When rephrasing the text, try to keep the steps straightforward and uncomplicated.
It is essential that one prioritises their health.
It is advisable to keep focused on treatment and follow-ups. When you feel confused, request a written report from your physician detailing your diagnosis and the treatment options available to you.
You need to obtain your full medical records.
For ovarian cancer: diagnosis records, pathology reports, staging, treatment summaries.
For mesothelioma: pathology, imaging, occupational history, and any asbestos exposure evaluations.
3) Write a short “product use” timeline in plain language.**
Approximate years of use, how often, and where (home, travel, gym bag, etc.). If specific trade names are used they must be noted. Even if your work isn’t flawless, be truthful.
It’s still worth preserving the things you have left, and saving what is left is definitely worth your while.
Old photos, purchase records, witness confirmation (spouse, family member), anything that supports long-term use.
Don’t let anyone hurry you.
In an effective lawyer-client discussion, there should be an atmosphere of understanding and ease, not tension. When making a decision like this, you are entitled to clear and detailed information.
What compensation can include
Where the courts find in favour of a claim, the compensation awarded reflects the real-world costs of the injury suffered, including medical costs, loss of income, and pain and suffering.
- Medical bills and ongoing care
- Lost income and reduced ability to work
- Pain and suffering
- Caregiving and support needs
- Wrongful death damages in cases involving loss of life
No one who is honest should give a specific dollar figure. You can anticipate having your facts checked as to whether they are correct, the importance of the evidence needed and the deadline you have to meet, where you live.
A gentle next step
If you used talc-based baby powder for many years and have recently been diagnosed with ovarian cancer or mesothelioma, you are likely to be looking for clear facts. A confidential review of your case is available at no charge. This review allows you to discover whether your case is in line with the present talc lawsuits, which documents you need to collect initially and what your options are. This is done without any pressure or judgment. Even without a well defined project timeline, work can start now. All you need is a place to start and a support team who will treat your story like it is the most important one.
A New Jersey jury decided that two women who claimed using Johnson & Johnson’s baby powder caused their ovarian cancer should be awarded $40 million in damages from the company. The case revolved around the link between the talc-based product and cancer. In this case, the plaintiff’s lawyers showed that years of use of the company’s baby powder led to their clients’ cancer.
