Home > Blog > Johnson & Johnson Talcum Powder Lawsuit Update: Aug. 2022

Johnson & Johnson Talcum Powder Lawsuit Update: Aug. 2022

As we previously discussed, Johnson & Johnson faces an ongoing lawsuit regarding the safety of talcum powder, and in particular, Baby Powder and Shower to Shower powders sold by the company. The claims are that these products cause ovarian cancer in women who use them on a regular basis. You can read more about the lawsuit here. If you’re looking for key talcum powder lawsuit updates, take a look at what’s hit the wire in recent months.

Talcum Powder Lawsuit Update — August 2022

It’s been over two years since Johnson & Johnson was first hit with a talcum powder lawsuit, and the case is still ongoing. Here’s the latest update from the judge overseeing the Johnson & Johnson talcum powder lawsuit.

Potential Settlement Coming?

In order to further facilitate settlement discussions, the judge presiding over JNJ’s controversial bankruptcy proceedings appointed an independent expert to value the pending talcum powder claims.

Although the talcum powder lawsuit settlement may not be coming in the next few weeks, victims who have filed a talc lawsuit claim may be offered a settlement in the near future.

Appeal Challenging Johnson & Johnson’s (NYSE:JNJ) Talcum Bankruptcy Filing

Oral arguments have been scheduled for September 22, 2022 in Philadelphia in an appeal of the bankruptcy resolution as it relates to J&J’s talcum powder liabilities.

This means that we will definitely receive a decision on the appeal before the end of the year unless there is another appeal to the U.S. Supreme Court, which would mean another year before the matter is finally resolved.

If the bankruptcy proceeding holds, the company will continue to give compensation payments to the victims even though they stopped producing the talcum powder. Because it would save Johnson & Johnson money, this was an important argument in order to persuade them to agree to the bankruptcy filing.

Johnson & Johnson To Remove Talcum-Based Products From Its Product Line

The company discontinued North American sales of its talc-based baby powder in 2020, recalling some bottles in 2019, but stopped worldwide sales of the product in 2023. The company is also still selling cornstarch-based baby powder in all other parts of the world.

Johnson & Johnson has been accused of selling talc baby powder while being aware of its links to health risks, such as asbestos contamination, in nearly 40,000 lawsuits, mainly filed by women with ovarian cancer or mesothelioma.

johnson & johnson's baby powder shower to shower

Johnson’s Baby Powder & Johnson’s Shower to Shower Powder Lawsuit Update — July 2022

Lawyers for the talcum powder plaintiffs filed their initial appeal brief with the Third Circuit challenging J&J’s intent to resolve its talc settlement obligations through a bankruptcy proceeding. The lawyers for J&J have 30 days to file a reply brief, and we may have oral arguments scheduled around the middle of October. A decision before the end of the year is certainly possible, but it could take some time.

Appeals of J&J’s bankruptcy remain pending. Meanwhile, the claimant class in the Talc Powder class action lawsuit filed a motion to require the bankruptcy judge to allow them to submit their own competing proposal for settlement compensation payouts if the bankruptcy is approved.

The Bankruptcy Court judge will approve only J&J’s plan at this time and they are, effectively, requesting that Judge Michael Kaplan allow them to participate in the process by submitting a different plan.

It is our wish that the Third Circuit overturn this bankruptcy ruling so we can once again use the same process for justice in mass tort cases.

A judge overseeing the talcum powder bankruptcy proceeding for J&J enlisted an independent expert to provide a settlement value assessment to facilitate settlement negotiations. Expert witness Kenneth Feinberg is a prominent mass tort mediator who recently reached an $11 billion settlement in the Roundup lawsuit, appointed by the bankruptcy court. Judge didn’t set a specific deadline.

Talc Lawsuit Update — June 2022

A bankruptcy judge in North Carolina is getting a good look at how Johnson & Johnson is unfairly playing its hand in lawsuits. He is overseeing J&J’s effort to deal with 38,000 talcum powder lawsuits in an extremely controversial bankruptcy proceeding, which has been heavily criticized by our talcum powder lawyers. His decision has caused a legal ban for further legal action to take place. J&J is no longer eligible for baby powder lawsuits due to this in February.

This had the benefit of facilitating ongoing negotiations between J&J and the plaintiffs in the bankruptcy court and helped come to a global settlement.

The Court, however, may allow talcum powder bellwether trials to proceed since those negotiations have ceased. Unfortunately, Johns and Johnsen is forcing bankruptcy down the victims’ throats by refusing to offer fair settlement amounts. It is expected that bellwether trials (and the possibility of them) will re-energize the settlement process.

May 2022 Update

Not every jury has found that J&J should not sell talc products since they cause cancer. However, J&J has incurred almost a billion dollars in legal fees as well as billions more in payouts via baby powder lawsuits (some still on appeal).

In response to the news, Johnson & Johnson shareholders say they do not want to change their company policies and to keep on selling their product, talcum powder, all over the world. If you believe Johnson & Johnson’s own words, this development is downright disturbing and it raises eyebrows because the company does everything in its power to make as much money as possible, even at the expense of its own products.

April 2022 Talc Lawsuit Update

Meanwhile, we await the outcome of the talc powder lawsuit in light of the bankruptcy ruling.

A bankruptcy judge allows Johnson & Johnson’s insane bankruptcy plan to pay settlement amounts to victims on a smaller scale. The decision is appealed, and the litigation will continue. There are already laws being discussed in Congress to overturn this decision.

The Current State Of Johnson & Johnson’s Talcum Powder Lawsuit
It is anticipated that litigation in talcum powder MDL lawsuits against Johnson & Johnson (and other manufacturers) will go on for the foreseeable future. So far, nearly 40,000 individuals across the nation have sued under the category of talcum powder, and this will be resolved by a conglomerate.

The initial settlement back in 2020 indicated JNJ may want to settle weaker cases and victims who need a settlement check now. It is intended to publicize the settlements afterwards in order to reduce settlement expectations among remaining victims. MDL class action lawsuits have used the same strategy.

Is There Still Time To File A Talcum Powder Lawsuit Claim?

To be eligible for a talcum powder lawsuit, you must have been using talcum powder regularly for over one year and then developed ovarian cancer within the last three years. The deadline to file a talcum powder lawsuit has not passed.

Despite the fact that talcum powder litigation has been going on for a long time and some cases have already been settled, you can still file a talc lawsuit.

baby powder lawsuit update, talcum powder lawsuit update

Talcum Powder Lawsuit Qualifications

Our partner attorneys are now taking on talcum powder injury cases from anyone who meets the following criteria:

You regularly used a Johnson & Johnson talcum powder product, Baby Powder or Shower-to-Shower, for at least one year.
You’ve been diagnosed with ovarian cancer, endometroid ovarian cancer, or mesothelioma. This could have been at any point over the last few years.

Get The Justice You Or Your Loved One Deserve

You should act now if you have been putting it off because the statute of limitations will soon expire. There are no up-front costs and no fees or costs unless you receive compensation. You don’t need a local talc powder lawyer. This is a nationwide litigation and our law firm is handling talc powder cases from across the country for ladies with ovarian cancer caused by baby powder.

Contact our attorneys today for a free consultation. When you contact us, you are not committing to anything. But you should learn about your options and choose one. We can help you understand if you are eligible for a settlement check by calling (800) 830-8840. You can also do so by completing this free case evaluation form.

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