Talcum Powder Lawsuit

Talc and Ovarian Cancer

For decades, researchers have been studying the potential link between ovarian cancer and talcum powder. It is believed that talc powder, when used near the genitals, can travel to the ovaries and become embedded in the ovarian tissue. While talc is a natural mineral, it is very difficult for the body to remove the particles and, as a result, inflammation may occur and cancerous tumors may form.

The first publication to suggest that talc may cause ovarian cancer was published in 1971 in the medical journal The Lancet. In the study, researchers discovered that a majority of ovarian tumors had talc particles “deeply embedded” in them. Then, in 1982, researchers found that women using talcum powder during ovulation were at a 92 percent increased risk of developing ovarian cancer. During the next three decades, an additional 21 studies were performed on talc powder, and almost all of these studies found that women using these products near their genitals were at an increased risk for developing ovarian cancer.

To date, both the National Cancer Institute and the American Cancer Society consider talc use near the genitals as a “risk factor” for ovarian cancer. Despite this possible link, Johnson & Johnson and other talc powder manufacturers have not placed warnings about this risk on their products.

Talc and Mesothelioma

Among new information uncovered last year, are hundreds of pages of memos that indicate Johnson & Johnson’s baby powder could potentially be contaminated with asbestos. Executives from as early as 1971 have stated concerns about trace amounts of asbestos in their products and that the company should no longer assume that their talc mines were asbestos free. In one finding, Johnson & Johnson demanded that the government block negative findings from the public. The company eventually won assurances from an official at the Food and Drug Administration stating that the information would only be issued “over my dead body”.

It is believed that talc powder, when used near the genitals, can travel to the ovaries and become embedded in the ovarian tissue.

Yes. Johnson & Johnson is facing a number of individual lawsuits filed by women alleging that the company failed to warn women about the risk of developing cancer when using these products. Individuals are suing for damages related to things like medical bills, lost wages, pain and suffering and, in the event of death, funeral expenses.

$29 Million: In March 2019, a jury in Alameda County, California found in favor of Teresa Leavitt who claimed that asbestos in Johnson & Johnson’s talc-based products caused her mesothelioma. Ms. Leavitt received her diagnosis in August 2017. She used Johnson & Johnson talc products for more than 30 years.

$4.7 Billion: Punitive and compensatory damages were awarded to 22 women in Missouri in July 2018. These women accused Johnson & Johnson of failing to warn them about associated risks with using their baby and body powders. All of the plaintiffs in the case developed ovarian cancer. The punitive damages awarded in this case are among the highest ever in a product liability case.

$70 Million: In October 2016, a Missouri jury ordered Johnson and Johnson to pay Deborah Giannecchini, 62, $70 million dollars in damages, because they agreed that her frequent use of the company’s talc powder caused her ovarian cancer, according to Bloomberg News. The California woman was diagnosed with ovarian cancer three years ago after using Johnson & Johnson’s talc powder for more than four decades.

$55 Million: In May 2016, Gloria Ristesund was awarded $55 million by a Missouri jury because they agreed that her ovarian cancer was caused by her frequent use of Johnson & Johnson’s talc powder. Although she was already at risk of ovarian cancer because she suffered from endometriosis, her attorneys argued that her use of talc powder increased her chances of developing ovarian cancer by 200 percent.

$72 Million: In February 2016, the family of Jacqueline Fox was awarded $72 million after a jury agreed that her daily use of Johnson & Johnson’s talc powder over the course of 35 years caused the ovarian cancer that killed her. The jury awarded $10 million for actual damages while the other $62 million, one million for each year of her life, was awarded for punitive damages.

A major initial victory for individuals suing Johnson & Johnson dates back to 2013, when a jury found that Johnson & Johnson should have warned women about the risk of developing ovarian cancer when using its talcum and baby powders near the genitals. In that case, the plaintiff alleged that she developed ovarian cancer after using Johnson & Johnson’s talc-based Baby Powder and Shower-to-Shower products for nearly 30 years. According to the lawsuit, Johnson & Johnson knew about the link between talc powder and cancer since as early as 1982, when a landmark study found that women using these products as hygienic powders were at a 92 percent increased risk of developing ovarian cancer.

Individual women suing Johnson & Johnson have secured some major victories in their fight against the company over its claims about talc.

$70 Million: In October 2016, a Missouri jury ordered Johnson and Johnson to pay Deborah Giannecchini, 62, $70 million dollars in damages, because they agreed that her frequent use of the companies talc powder caused her ovarian cancer, according to Bloomberg News. The California woman was diagnosed with ovarian cancer three years ago after using Johnson and Johnson's talc powder for more than four decades.

$55 Million: In May 2016, Gloria Ristesund was awarded $55 million by a Missouri jury because they agreed that her ovarian cancer was caused by her frequent use of Johnson & Johnson’s talc powder. Although she was already at risk of ovarian cancer because she suffered from endometriosis, her attorneys argued that her use of talc powder increased her chances of developing ovarian cancer by 200 percent.

$72 Million: In February 2016, the family of a Jacqueline Fox was awarded $72 million after a jury agreed that her daily use of Johnson & Johnson’s talc powder over the course of 35 years caused the ovarian cancer that killed her. The jury award $10 million for actual damages while the other $62 million, one million for each year of her life, was awarded for punitive damages.

A major initial victory for individuals suing Johnson & Johnson dates back to 2013, when a jury found that Johnson & Johnson should have warned women about the risk of developing ovarian cancer when using its talcum and baby powders near the genitals. In that case, the plaintiff alleged that she developed ovarian cancer after using Johnson & Johnson’s talc-based Baby Powder and Shower-to-Shower products for nearly 30 years.

According to the lawsuit, Johnson & Johnson knew about the link between talc powder and cancer since as early as 1982, when a landmark study found that women using these products as hygienic powders were at a 92 percent increased risk of developing ovarian cancer.

As a result of the wave of lawsuits, Johnson & Johnson recalled some batches of their line of talc-based powders in October 2019, and fully removed all of their talc-based powders from the market in May 2020.

But this does not get rid of the liability the company may have for any damage caused by their talc-based products in the past. If you or a loved one were diagnosed with cancer after using talc-based powders, you may be eligible for compensation. Give us a call today for a free case review.

There has also been a class action suit filed against Johnson & Johnson over talcum powder, but women who allege they have contracted cancer from talc might want to consider filing their own separate suits.

The big difference is that with individual suits women have pursued compensation for medical bills, pain and suffering, and lost wages, among other things. Those who are part of the class action are suing only for recovery of the cost of the product, regardless of existence of a cancer diagnosis.

At Morgan & Morgan, our attorneys work exclusively on a contingency-fee basis. This means that our attorneys will only get paid if they resolve your case favorably, whether with a settlement or jury award. Typically, if a case settles before going to trial, your attorney receives a reasonable percentage as a fee. If we are unable to settle your case for the amount you deserve, our attorneys will continue their pursuit of your compensation in court for a reasonable percentage.

If you or someone you know developed ovarian cancer after using talcum or baby powder, our attorneys would like to speak with you. You may be able to file a lawsuit against the company that manufactured the powder you used. For more information, contact us today for a free consultation.

Talcum powder has been making headlines lately as worrisome evidence that talc-based products pose severe risks to consumers continues to accumulate. Thousands of lawsuits are pending against manufacturers, with consumers claiming that talc-based wares caused their cancer. Meanwhile, companies selling the products insist the items are safe.

This conflicting information has resulted in substantial consumer concern regarding the safety of talc products. Many people who have been diagnosed with cancer after using such items are left wondering whether a lawyer can help. Below, we’ve answered your most pressing talc questions so you know where you stand.

What is talc?

Talc is a soft, naturally occurring mineral made of oxygen, silicon, and magnesium. After talc is mined and processed, the resulting fine powder is used in a variety of cosmetic products.

What is talc used for?

Talc appears in a wide range of products, including talcum powder (baby powder), feminine hygiene products, makeup, lotions, and deodorant. As talcum powder is known for its odor- and moisture-absorbing properties, some women use it in their genital area. Genital exposure to the mineral can also occur during condom, menstrual pad, or diaphragm use.

Why is talc harmful?

In nature, talc deposits are often found near dangerous accumulations of the carcinogenic mineral asbestos. Asbestos has been linked to many types of cancer, including ovarian cancer and mesothelioma, a rare disease of the lungs. Even trace amounts of asbestos have the potential to cause cancer, and diagnoses are often made decades after a talc-containing product was used.

Although the federal government required talc-based wares to be asbestos-free starting in the 1970s, scientists have noted that it is difficult to comply. In addition, there is evidence that companies continued to sell talc products that tested positive for asbestos long after regulations went into effect. A recent Reuters report showed that Johnson & Johnson’s baby powder contained asbestos from 1971 through the early 2000s, exposing consumers to serious risks for decades.

The International Journal of Gynecological Cancer states that women who use talcum powder on their genital area have a 30% to 60% increased risk of cancer. Researchers believe that talc causes the disease by provoking chronic inflammation of the fallopian tubes, uterus, and ovaries, and potentially suppressing cancer-fighting antibodies.

Talcum powder also has been connected to mesothelioma, a rare lung cancer. When the small airborne particles enter the lungs, they can cause irritation, chronic inflammation, and the eventual formation of cancerous tumors.

Why are people filing lawsuits?

Thousands of people who have been diagnosed with ovarian cancer and mesothelioma have filed lawsuits against companies that use talc in their products. Johnson & Johnson has been at the center of many recent lawsuits, with victims claiming that they developed cancer after using the company’s talc-based items consistently for years.

Another key aspect of the lawsuits involves prosecuting attorneys’ claims that manufacturers like Johnson & Johnson knew for over 40 years that their products contained asbestos. According to internal J&J documents, the company concealed this information from the public and refused to put safety warnings on its items or remove them from sales shelves.

How many lawsuits have been filed?

As of March 2019, more than 13,000 lawsuits were pending against Johnson & Johnson. Lawsuits are also pending against other talc product manufacturers.

Have there been any settlements or verdicts?

There have been several settlements and verdicts against Johnson & Johnson, Colgate-Palmolive, and other manufacturers for cases involving ovarian cancer and mesothelioma. Settlements are on the rise in 2019.

The largest verdict against J&J was in July 2018, when a St. Louis jury awarded 22 ovarian cancer victims $4.6 billion after concluding that their use of the company’s baby powder caused their ovarian cancer. In May 2018, $25 million was awarded to Joanne Anderson by a jury concluding that her mesothelioma was caused by her use of talcum powder. In June 2019, Johnson & Johnson and Colgate-Palmolive were ordered to pay $10 million to Patricia Schmitz, who was diagnosed with terminal mesothelioma after using their talc products.

These are just a few recent examples of verdicts against companies. From 2016 to today, manufacturers of talc products have paid hundreds of millions of dollars to victims.

How are companies responding to lawsuits?

Despite many losing verdicts and settlements, companies continue to claim that their products are safe and do not contain asbestos or cause cancer.

Who can file a lawsuit?

If you have been diagnosed with mesothelioma or ovarian cancer after using talc-based products, you may be eligible to file an individual lawsuit, especially if you have a consistent history of using such wares over a significant time period.

The more frequently you used the product and the longer the duration, the more likely it is that your cancer could have been caused by one containing talc. Because statutes of limitation for filing a lawsuit vary by state, it is in your best interests to speak with a lawyer as soon as possible after your diagnosis.

What can I win in a talc lawsuit?

What you can recover depends on the type of lawsuit you file. For example, there is a class action suit filed against Johnson & Johnson where many consumers are suing for damages related to the cost of the product. However, it is important to understand that class actions do not cover individual health-related costs.

If, on the other hand, you file an individual lawsuit, you may be able to receive compensation for medical bills, lost wages, pain and suffering, and other expenses. Each case is different, and depending on the cost of your medical bills, the symptoms you experienced, and how much work you missed, the final settlement amount will vary.

What can an attorney do for me?

A good lawyer will ensure that your best interests are taken into account. They will make sure you meet important deadlines, give you a clear understanding of your legal rights, and supply trusted expert witnesses to bolster your case.

At Morgan & Morgan, we specialize in working with victims who have been harmed by these companies. We are committed to aggressively fighting for your rights and helping you receive maximum compensation for your losses.

If you have been diagnosed with mesothelioma or ovarian cancer after using a talc-based product, contact us for a free consultation at 888.987.1307 or fill out a free case evaluation today.

For decades, Johnson & Johnson knew about the dangers of talc long before victims started coming forward with health concerns, yet they chose to proceed as if nothing was wrong. If you have used a Johnson & Johnson talcum powder product (Baby Powder or Shower-to-Shower) consistently for at least one year and have been diagnosed with ovarian cancer, sometime in the last 12 years, you could be eligible to join the lawsuit. Once it’s determined that you qualify to join, our attorneys will work with you every step of the way, ensuring that your interests are put at the forefront of the litigation, and will help you advocate for the fullest extent of the damages you sustained. You shouldn’t have to fear the products you find on store shelves, and our team is prepared to do everything in our power to help your situation and prevent others from falling under the same circumstances. 

Johnson & Johnson’s Baby Powder, Shower to Shower powder, and Baby Magic Baby Powder were all found to contain levels of talc that are unsafe for humans. While applying the product to your skin isn’t as problematic, the real issue occurs when the powder enters the body through oral consumption or when used in the genital area. Women who have used these products for personal hygiene are 30% more likely to develop cancer, and Johnson & Johnson knew that 1,400 women were dying annually due to talc-related illnesses. Rather than change their formula or make the product safer in any way, they chose to do nothing, causing hundreds of women to develop life-threatening health effects that will stay with them for years. 

The studies between talc and ovarian cancer date back to the 1970s, and there’s no telling how many unsuspecting people have used the products since that time. Johnson & Johnson’s talc-based products contain no warnings of ovarian cancer or mesothelioma anywhere on the label, nor does it display the risk of using the product near any openings in the body. Anyone who’s unaware of the lawsuit can pick up one of these products at most convenience/pharmacy stores and potentially develop health effects, which is nothing short of an unacceptable offense. 

The first successful talcum powder lawsuit occurred in 2016. However, it wasn’t until 2016 that the first MDL was filed against Johnson & Johnson, and those involved are still fighting for a favorable outcome. If you or someone you know developed ovarian cancer, mesothelioma, or any other adverse health effects from using Johnson & Johnson’s talcum powder products, we encourage you to speak with an attorney to see if you qualify for the lawsuit. Although legal action won’t reverse the harm you’ve endured, it can offer you the financial ability to recover and move on from the situation, which can be invaluable for some. Our skilled attorneys are here to stand beside you every step of the way, all for no out-of-pocket costs.

According to peer-reviewed scientific studies, talc, the main ingredient in talcum powder, is linked to an increased risk of mesothelioma and ovarian cancer. The type of cancer risk depends on where the talc entered the body. Most women rely on these products for personal hygiene, so it’s not common for a dusting of the powder to enter the body unknowingly or accidentally. One-time exposure won’t necessarily jeopardize your health, but if the talc enters the body on a consistent basis, it can add up to a significant risk of cancer. 

Researchers believe talc is similar to asbestos, meaning that the risk of adverse health effects increases with every exposure and never dwindles regardless of how much time has gone by. Those who used talcum powder in the past still have a risk of developing cancer, and the more often you use it, the higher your chance of developing cancer is. If you have any Johnson & Johnson talc-based product in your home, or any other product containing talcum, it’s best to avoid use and find a safer alternative for your personal hygiene needs. 

Earlier this month, LTL Management, a Johnson & Johnson made-for-bankruptcy subsidiary, had filed for bankruptcy (Chapter 11) for a second time, seeking to settle all talc powder lawsuits for $8.9 billion in the bankruptcy. 

However, now the Talc cancer claimants have asked a judge to dismiss the Chapter 11 case filed by LTL Management LLC, saying the company is not financially distressed. The 3rd Circuit dismissed its first Chapter 11 case back in January after they deemed that the company was not eligible for bankruptcy relief as it failed to show financial distress. 

This time the claimants are arguing that the LTL's second attempt at a Chapter 11 case is an abuse of the bankruptcy system. However, Johnson & Johnson claims the $8.9 billion settlement has significant support from the firms that are representing nearly 70,000 claimants.

U.S. Bankruptcy Judge Michael Kaplan has ruled that new trials should remain paused for at least 60 more days while all of this gets sorted out. But new baby powder lawsuits can now be filed.