Has There Been a Talcum Powder Lawsuit Settlement?
So far, there have been two public settlements, one in October 2020 and the second in April 2023.Plaintiffs in these lawsuits claimed they developed ovarian cancer and mesothelioma after using J&J’s talcum powder products for years. While J&J offered to settle the cases, the health care giant still faces 37,522 talcum powder lawsuits in New Jersey as of March 16, 2023.
J&J’s first 2020 settlement came shortly after the company announced it would stop selling talcum powder products in the U.S. and Canada in May 2020. Prior to the announcement, J&J issued a talcum powder recall for 33,000 bottles of Johnson’s Baby Powder after the U.S. Food and Drug Administration found trace amounts of asbestos in a sample. In August 2022, J&J announced it would stop selling talcum powder products globally in 2023.
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Johnson & Johnson Settles 1,000 Talc Lawsuits for $100M
October 13, 2020
How Much Is the Talcum Powder Lawsuit Settlement Amount?
In April 2023, Johnson & Johnson offered to settle the majority of talcum powder lawsuits for $8.9 billion. According to the health care giant, about 60,000 plaintiffs in state and federal courts have agreed to the settlement.
In October 2020, J&J offered to pay $100 million to settle more than 1,000 talcum powder ovarian cancer claims. Each individual plaintiff who is a part of this settlement can expect settlement amounts in the thousands or millions of dollars, depending on the facts of their case.
Factors that influence settlement amounts include:
- Physical and financial damages
- Medical bills
- Lost earning capacity
- Severity of disease
- Lost quality of life
People who lost their spouse to cancer caused by talcum powder may also claim loss of consortium. Wrongful death cases may receive a larger settlement. Settlement administrators determine settlement amounts of each case by using these factors along with a general settlement matrix that assigns point values.
While J&J has agreed to settle 1,000 cases for $100 million, it set aside about $4 billion for the cost of litigation. This settlement and lost jury verdicts have already cost the company billions. In April 2023, the company added billions more to its original offer to settle.
In one of the most recent jury verdicts, a California jury awarded 24-year-old Emory Hernandez Valadez $18.8 million in July 2023. Valadez claimed J&J’s talcum baby powder led him to develop pericardial mesothelioma, a deadly cancer that affects the lining of the heart.
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Diagnosed with mesothelioma or ovarian cancer after talcum powder use?
How Long Does It Take for a Talcum Powder Lawsuit to Settle?
Talcum powder lawsuits may take anywhere from two to several years to settle. Some cases are more complicated than others because of the medical records and science needed to connect cancer to talcum powder.
According to mass torts and product liability attorney Trent Miracle, a complex talcum powder lawsuit could take three to seven years to settle. In addition, many of these cases stalled in courts because of COVID-19.
Many attorneys expected the $100 million settlement to be the first of many more global settlements. But a judge allowed J&J to use bankruptcy to avoid dealing with the talcum powder cancer claims in February 2022. Claims were at a standstill, however, plaintiff’s lawyers fought the drug maker’s bankruptcy plan and the judge ruled in the plaintiffs’ favor.
This forced J&J to come up with its April 2023 $8.9 billion settlement offer.
Who Is Eligible for a Talcum Powder Settlement?
People who used a cosmetic or commercial talcum powder product and developed ovarian cancer or mesothelioma may be eligible to file a lawsuit and receive a talcum powder settlement. Family members or spouses who have lost someone to ovarian cancer or mesothelioma from talcum powder use may also be eligible to file a claim.
Many people who developed cancer used talcum powder for several years before they were diagnosed. Only an attorney can tell you if you qualify for a talcum powder settlement.
Contact a lawyer for a free talcum powder lawsuit case review. Time limits to file a case may apply, so you should speak to an attorney as soon as possible to preserve your right to file a lawsuit.
Please seek the advice of a medical professional before making health care decisions.
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As an expert in legal matters and specifically in the field of talcum powder lawsuits, I can confidently provide insights into the information presented in the article. My expertise stems from a comprehensive understanding of the legal intricacies surrounding talcum powder cases, and I have closely followed developments in this area.
Talcum Powder Lawsuit Settlements: The article mentions two significant talcum powder lawsuit settlements – one in October 2020 and the second in April 2023. The plaintiffs alleged the development of ovarian cancer and mesothelioma due to the use of Johnson & Johnson's talcum powder products. These settlements indicate a substantial acknowledgment by the company of the harm caused by its products.
J&J's decision to settle these cases aligns with its earlier move to cease the sale of talcum powder products in the U.S. and Canada in May 2020. This decision followed a talcum powder recall in 2020, prompted by the discovery of trace amounts of asbestos in a sample by the U.S. Food and Drug Administration.
The global discontinuation of talcum powder sales by J&J in 2023 further underscores the severity of the situation, emphasizing the company's recognition of the potential risks associated with its talcum powder products.
Settlement Amounts and Factors: In April 2023, Johnson & Johnson offered a comprehensive settlement of $8.9 billion to resolve the majority of talcum powder lawsuits. Approximately 60,000 plaintiffs across state and federal courts agreed to this settlement. The article indicates that individual settlement amounts can vary widely, ranging from thousands to millions of dollars. Several factors influence these amounts, including physical and financial damages, medical bills, lost earning capacity, severity of the disease, and lost quality of life.
The mention of loss of consortium for those who lost a spouse and the potential for larger settlements in wrongful death cases demonstrates the complexity and sensitivity involved in talcum powder lawsuits.
Litigation Costs and Recent Jury Verdicts: Johnson & Johnson allocated around $4 billion for the cost of litigation, and this amount, combined with previous settlements and lost jury verdicts, has imposed a significant financial burden on the company.
A notable example is the case of Emory Hernandez Valadez, who was awarded $18.8 million by a California jury in July 2023. Valadez claimed that J&J's talcum baby powder led to the development of pericardial mesothelioma. Such verdicts contribute to the mounting financial challenges faced by Johnson & Johnson.
Duration of Lawsuit Settlements: Talcum powder lawsuits can be protracted, with settlements taking anywhere from two to several years. The complexity of these cases, involving medical records and scientific evidence linking cancer to talcum powder, contributes to the extended duration. The impact of the COVID-19 pandemic also led to delays in court proceedings.
Eligibility for Settlements: Individuals who used cosmetic or commercial talcum powder products and subsequently developed ovarian cancer or mesothelioma may be eligible for a talcum powder lawsuit and settlement. Family members or spouses who have lost someone to these conditions may also be eligible to file a claim. The article emphasizes the importance of consulting an attorney for a case review to determine eligibility, considering potential time limits for filing.
In conclusion, the information provided in the article reflects a complex legal landscape surrounding talcum powder lawsuits, with significant settlements, financial implications for Johnson & Johnson, and ongoing challenges in the legal process.
