Published by The controversy surrounding talcum powder involves allegations, legal proceedings, and substantial settlements. Companies such as Johnson & Johnson are at the forefront, accused of disregarding the potential cancer risks associated with their talc-based products. For those impacted, the New Jersey talcum powder lawsuit is an important step toward seeking justice.
If you or a loved one has suffered from the negative effects of talcum powder, Schmidt & Clark, LLP, is ready to stand by your side.
As a top-tier law firm specializing in plaintiff representation, our foremost commitment is to ensure you achieve the justice you deserve and receive the appropriate compensation to which you are entitled.
Table Of Contents
- Talcum Powder Lawsuit Overview
- Talcum Powder Litigation: An Overview of the Battle Against Johnson & Johnson
- The Link Between Talcum Powder and Ovarian Cancer
- Who Qualifies For A New Jersey Talcum Powder Lawsuit?
- Talcum Powder Lawsuit Settlement Amounts in New Jersey
- Filing a New Jersey Talcum Powder Lawsuit
- FAQs
- Get Your Free Case Evaluation From New Jersey Talcum Powder Lawyers
Talcum Powder Lawsuit Overview
Talcum powder is the principal component of Baby Powder and serves as a desiccant in cosmetics, baby powder, and various consumer goods. However, the powder’s seemingly innocent nature belies a darker side.
The central controversy is the assertion that talcum powder can cause serious health issues such as ovarian cancer and mesothelioma. These serious allegations have led to numerous talcum powder lawsuits against manufacturers, particularly Johnson & Johnson.
One of the most notable cases is Inghan v. Johnson & Johnson, where 22 women claimed to have developed ovarian cancer due to long-term use of J&J talcum powder. This led to a verdict confirming a $2 billion penalty against the company.
What is Talc?
Talc is a naturally occurring mineral composed of magnesium, silicon, oxygen, and hydrogen [1]. It’s primarily extracted through open-cut mining in the Appalachian Mountain range in the United States, with minimal use of blasting due to talc’s softness on the Moh scale. This mineral is at the heart of the controversy surrounding talcum powder lawsuits.
Talc is commonly found in a range of personal care products, including loose powders such as talcum powder and talc-based baby powder, as well as makeup products like blush, eyeshadow, mascara, lipsticks, primer, concealer, brow products, and foundation. The alleged presence of asbestos in these talc-based products is what led to lawsuits against manufacturers like Johnson & Johnson.
Active Ingredients Used in Talcum Powder Products
Talc acts as the main active ingredient in talcum powder products. However, in light of the ongoing litigation and the alleged health risks associated with talc, companies like Johnson & Johnson are making changes. J&J plans to replace talc with cornstarch in its products by year’s end. This change was announced recently.
This transition is a reaction to claims of asbestos contamination in talc-based products. Talc is processed through a series of steps, including crushing and screening the ore and then drying it using specialized equipment.
The talcum powder litigation against manufacturers like Johnson & Johnson is based on the alleged presence of asbestos in these talc-based products, which can lead to serious health issues.
Identifying Key Players: Brands and Companies Named in Talcum Powder Lawsuits
Companies such as:
- Avon
- Chanel
- Colgate-Palmolive
- CVS
- Estee Lauder
- Gold Bond
- Imerys Talc North America
- Johnson & Johnson
Companies like Johnson & Johnson, Colgate-Palmolive, and Avon have all been embroiled in new talcum powder lawsuits. Lawsuits specifically named J&J’s iconic Baby Powder, along with other products from the companies above, led to a surge in baby powder lawsuit cases.
Johnson & Johnson is currently facing 51,300 cases related to talc-based powders causing cancer. These companies, including J&J, have been accused of having their talc products contaminated with asbestos, resulting in life-threatening cancers.
In an attempt to address this, Johnson & Johnson has proposed an $8.9 billion settlement to claimants but is encountering legal obstacles. In total, J&J and other companies are confronting nearly 40,000 lawsuits.
Talcum Powder Litigation: An Overview of the Battle Against Johnson & Johnson
The legal tussle with Johnson & Johnson has been a drawn-out and strenuous activity. The company is currently confronted with numerous product liability lawsuits that have been consolidated into a class action multidistrict litigation (MDL). This has prompted the company to adopt various legal strategies to manage the surge in lawsuits.
One such approach involved attempting to disqualify the plaintiff’s attorney and their law firm from the talcum powder multidistrict litigation. However, the most significant influence on J&J’s strategy came from a $2 billion verdict awarded to 22 women in a Missouri lawsuit. This led to a $100 million settlement to resolve over 1,000 cases in the MDL.
Despite these setbacks, Johnson & Johnson continues to face thousands of lawsuits, and as the legal battle intensifies, the company has been forced to adapt its strategies. This has led to a surge in talcum powder case filings, with at least 11,000 new cases submitted against the company in recent months.
Current State of Litigation in New Jersey
New Jersey is a focal point for talc litigation, being the site of thousands of lawsuits against Johnson & Johnson. As of December 15, 2023, there were 53,729 pending talcum powder lawsuits against the company in the state.
The number of lawsuits in New Jersey is reflective of a nationwide trend, with the total number of cases against Johnson & Johnson reaching an astounding 51,300. The sheer volume of these cases underscores the significant health concerns surrounding talc-based products and the potential legal repercussions for manufacturers.
The Growing Number of Talcum Powder Lawsuits in Multidistrict Litigation
The count of talcum powder lawsuits, including talc lawsuits and talc powder lawsuit cases, amalgamated into multidistrict talc powder litigation nationwide is increasing.
Currently, there are 53,729 pending talcum powder cancer lawsuits in the MDL, with over 6,000 talcum powder cases added since the bankruptcy stay was lifted 10 weeks ago, including a significant number of talc powder lawsuits and talcum powder lawsuits filed. As the number of cases grows, the demand for talc powder lawyers also rises.
Johnson & Johnson’s Bankruptcy Strategy and Litigation Complexities
To handle the massive volume of lawsuits, Johnson & Johnson, also known as j j’s, has resorted to bankruptcy laws. The company is seeking Chapter 11 protective measures through its subsidiary, LTL Management.
However, this move has been met with significant legal challenges and has even been deemed a misuse by an appeals court, leading to the dismissal of the bankruptcy case.
Plaintiffs involved in the talcum powder lawsuits are contesting J&J’s bankruptcy strategy, arguing against the company’s attempts to address talc liability through a contentious bankruptcy process.
The Link Between Talcum Powder and Ovarian Cancer
A critical issue central to the talcum powder lawsuits is the possible association between the product and ovarian cancer. Studies have suggested that women who utilize talcum powder on or near their genitals are at a heightened risk of being diagnosed with this type of cancer, with an increase of 30% to 33% [2].
“A growing body of evidence suggests that using talcum powder (also called talc) in the genital area can increase a woman’s chances of developing ovarian cancer. The more years she uses talc, the more likely she is to develop ovarian cancer.”- National Center for Health Research
Investigation into the association between talcum powder use and ovarian cancer began as early as the 1970s. Over time, accumulating evidence has indicated a potential link between talcum powder and ovarian cancer. This has been a key factor in many of the lawsuits against talcum powder manufacturers.
Does Talcum Powder Cause Mesothelioma?
Talcum powder does cause mesothelioma. The potential correlation between talcum powder and mesothelioma is attributed to the presence of small amounts of asbestos in certain talcum powder products [3].
Epidemiologic studies have investigated the correlation between the use of talcum powder and the likelihood of developing ovarian cancer. Additionally, a recent study has indicated that talcum powder contaminated with asbestos may contribute to the development of mesothelioma.
Who Qualifies For A New Jersey Talcum Powder Lawsuit?
Individuals who have received a medical diagnosis of mesothelioma, ovarian cancer, or another cancer associated with talc or asbestos qualify for a New Jersey talcum powder lawsuit. Additionally, regular use of a talcum powder product, such as those manufactured by Johnson & Johnson, for a duration typically exceeding five years is required.
If you meet these specific criteria related to diagnosis and product usage, you are eligible to proceed with filing a talcum powder lawsuit.
Damages in a talcum powder lawsuit encompass the entirety of economic and non-economic losses that have been suffered due to the use of the talcum powder product, resulting in the associated illness.
Damages That You Can Recover From a Talcum Powder Lawsuit
If you meet the criteria for a talcum powder lawsuit, you might be curious about the types of damages you can claim. Compensatory damages, encompassing economic and non-economic damages, are commonly granted in talcum powder lawsuits.
Additionally, punitive damages may be awarded in instances where the defendant’s behavior is determined to be notably reckless or egregious.
The typical sum of medical expenses granted in talcum powder lawsuits is approximately $500,000 per plaintiff, although it may vary and be higher.
Lost wages are also factored into the talcum powder settlement amount, and the method for calculating these can vary. Lastly, non-economic damages that are evaluated and incorporated into the compensation include:
- pain and suffering
- emotional distress
- loss of enjoyment of life
- loss of consortium
Talcum Powder Lawsuit Settlement Amounts in New Jersey
The compensation amounts in talcum powder lawsuits can differ significantly. There have been significant verdicts and settlements in previous years; however, there is currently a temporary halt of active lawsuits against Johnson & Johnson.
The average settlement amount can differ, but payouts in New Jersey talcum powder lawsuit settlements typically range from $100,000 to $500,000 per plaintiff, contingent upon the severity of the injuries.
Some settlements have even exceeded into the billions, as exemplified by Johnson & Johnson’s proposed $8.9 billion settlement in April 2023. Factors such as the severity of the illness, evidence of negligence, and the quality of legal representation all contribute to the settlement amount.
Filing a New Jersey Talcum Powder Lawsuit
For those affected by the possible health risks of talcum powder, it’s crucial to comprehend the lawsuit filing procedure in New Jersey.
The type of evidence presented in court can have a significant impact on the outcome of a lawsuit. Expert testimonies, medical records, and product samples are all crucial pieces of evidence in talcum powder lawsuits. Moreover, expert witnesses play a significant role by offering specialized knowledge and opinions grounded in scientific evidence.
Types of Evidence Presented in Talcum Powder Lawsuits
In any legal dispute, the importance of evidence cannot be overstated. In talcum powder lawsuits, evidence is typically presented in the form of expert testimonies that center on the purported asbestos contamination in talc products and the correlation between talc and cancer.
Medical records are utilized as evidence to ascertain a diagnosis of diseases such as ovarian cancer or mesothelioma. Additionally, they aid in establishing whether the individual has used talcum powder from particular manufacturers, thereby establishing a connection between personal use and the illness.
Product samples also hold great significance as they can be subjected to testing for asbestos or other harmful substances, establishing a crucial link between the product and the health issues experienced.
Examining the Role of Expert Witnesses in Talcum Powder Litigation
Expert witnesses play a significant part in talcum powder litigation. Their specialized knowledge and testimonies can provide scientific evidence concerning the health implications and safety of talcum powder. In talcum powder litigation, these witnesses are often scientists, medical professionals, and specialists in fields such as oncology and toxicology.
New Jersey Statue of Limitation
In New Jersey, the statute of limitations to initiate a talcum powder lawsuit is two years from the date of the injury. If you fail to meet this deadline, you may lose the right to pursue legal action and seek compensation for any damages incurred.
FAQs
Can I join a class action lawsuit for talcum powder in New Jersey?
You may be able to join a class action or file an individual lawsuit. Consulting with an attorney will help determine the best legal strategy for your situation.
What compensation can I receive from a talcum powder lawsuit?
Compensation may include medical expenses, lost wages, pain and suffering, and punitive damages. Each case is unique, and the specific damages awarded depend on individual circumstances.
Are there ongoing talcum powder class action lawsuits in New Jersey?
There may be ongoing class actions or multidistrict litigations. Consult a lawyer for the most current information and to determine the best approach for your case.
How long does it typically take to resolve a talcum powder lawsuit?
Lawsuit durations vary, but they can take several months to years, depending on the complexity and court schedules. Patience and thorough preparation are crucial.
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Get Your Free Case Evaluation From New Jersey Talcum Powder Lawyers
If you or a loved one has suffered due to the use of talcum powder, the legal team at Schmidt & Clark, LLP is ready to help. We have a wealth of experience in handling such cases and will provide guidance every step of the way.
Understanding your legal rights and determining your eligibility for a lawsuit is vital. We offer free consultations, and you won’t incur any fees unless we secure a successful outcome for your case.
Reach out to Schmidt & Clark today for a comprehensive review of your case. Allow us to be your trusted partner as you navigate through this challenging time.
Reference:
- https://www.fda.gov/cosmetics/cosmetic-ingredients/talc
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4820665/
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4164883/
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