Talcum Powder and Cancer

Johnson & Johnson Agrees to Pay States $700 Million

July 10, 2024 | Throneberry Law Group

In a recent settlement agreement, Johnson & Johnson (J&J) reached a significant milestone in its ongoing legal battles by agreeing to a $700 million settlement agreement with a coalition of attorneys general representing 43 U.S. states. The attorneys general had accused the pharmaceutical giant of deceptively marketing its talc-based baby powder, which has been linked to mesothelioma and ovarian cancer.

This particular lawsuit was filed on behalf of consumers who were misled by J&J’s advertising of its talcum powder products. The lawsuit is different from the over 61,000 pending claims filed by individual claimants of mesothelioma and ovarian cancer. According to the attorneys’ general claim, J&J had, for many years, deceptively marketed its products to women and teenage girls as safe, pure, and gentle for use, despite knowing that studies and other evidence, including internal information, suggested that the products contained carcinogenic asbestos. The lawsuit accused J&J of promoting the products as safe and pure despite knowing about the health effects of asbestos.

On top of being required to pay $700 million, the settlement agreement includes several terms that are aimed at protecting the residents of the 43 states. The following are the conditions that J&J agreed to;

Connecticut Jury Awards $15 Million to the Family of Man Who Died of Malignant Mesothelioma

June 11, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as N.B.

In a recent court decision, a Connecticut jury awarded $15 million to the family of a man, N.B., who died of malignant mesothelioma in 2023. The jury reached this decision quickly, indicating a clear and decisive outcome.

After N.B., a father of three, died in 2023 at the age of 81, his family filed a mesothelioma claim. N.B. had a degree in chemical engineering and a history of service in the U.S. Army. According to the lawsuit filed by N.B.’s family, his malignant mesothelioma developed due to prolonged asbestos exposure at the General Electric plastics plant where he worked. The family filed the claim against R. T. Vanderbilt Holding, Inc. This company had acquired International Talc, the supplier of the talc used at the plant where N.B. worked. R.T. Vanderbilt tried to have the case dismissed. The company argued they should not be held liable as the successor in interest. The court denied this argument because the company continued the product line after the acquisition. This action led to the company inheriting associated liabilities.

An Illinois Court Orders Johnson & Johnson and Two Subsidiaries to Pay $45 Million for Mesothelioma Death

June 1, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as T.G.

In a recent court case, a jury found Johnson & Johnson and two subsidiaries liable in the mesothelioma-related death of T.G., who was a mother of six and a grandmother and awarded the surviving family members $45 million in damages. T.G.’s case and the cases of many others suffered delays when J&J filed bad faith bankruptcies in an attempt to try and avoid liability. These bankruptcy filings stayed litigation in this particular case and thousands of other cases. The lifting of the hold allowed the case of T.G. and many other cases to finally begin being heard across the country. The decision, in this case, gives hope to the others who continue to fight for justice.

There are thousands of mesothelioma lawsuits pending against Johnson & Johnson. The lawsuits accuse the company of continuing to sell its famous baby powder despite knowing that its talc was asbestos-contaminated. Asbestos is a dangerous substance that can cause several fatal illnesses, including mesothelioma. All the victims and survivors are seeking accountability for the devastating consequences of asbestos exposure.

Woman Names More Than 30 Cosmetic Companies in Her Mesothelioma Lawsuit

March 26, 2024 | Throneberry Law Group

A woman recently filed a mesothelioma lawsuit against more than 30 cosmetic companies in the Massachusetts Superior Court for Middlesex County. The woman, who was diagnosed with mesothelioma in 2023, alleges that these brands’ talcum powder products led to her diagnosis. Mesothelioma is a rare and aggressive form of cancer that develops after someone is exposed to asbestos. Some of the companies named in the lawsuit include Johnson & Johnson, Chanel, Marky Kay, L’Oreal, Maybelline, and Pfizer. This case sheds light on the potential dangers lurking within the everyday skincare products that countless people use in America and around the globe.

Understanding How Cosmetics are Linked to Mesothelioma

It may come as a shock to many that cosmetics can lead to the development of mesothelioma. One may wonder how this is possible when asbestos is not one of the ingredients used in cosmetics. The connection between cosmetics and mesothelioma stems from the use of talc in these products. Talc, an organic mineral, is used in cosmetic products because of its ability to absorb moisture. However, talc is often found near asbestos in the earth’s soil. Asbestos is a mineral that consists of microscopic fibers, which, when inhaled or ingested, can irritate cell linings near the lungs or abdominal cavity.

How Does Talc Become Contaminated With Asbestos?

March 1, 2024 | Throneberry Law Group

Talc is a naturally occurring mineral known for its softness and versatility. This mineral is used in a wide range of consumer products. However, over the years, it has been discovered that talc can, at times, contain asbestos, a naturally occurring mineral, which, when inhaled or ingested, can cause serious illnesses, such as lung cancer and mesothelioma. If talc contains asbestos, it can contaminate products, and the end user can end up using asbestos-contaminated products without knowing and developing asbestos-related illnesses. In this article, we discuss how talc can become contaminated with asbestos.

What is Talc?

Talc is a naturally occurring mineral. This mineral has several notable properties that make it useful in a wide range of products. Talc is the softest mineral, and this property makes it useful in products that require a smooth and silky texture. This mineral can absorb moisture, making it suitable for products like baby and body powders and some cosmetic products. Talc is used in many cosmetics, including face powder, eye shadow, lipsticks, foundation, blush, and even children’s makeup. Additionally, talc is heat resistant and has lubricating properties.

Hope for Mesothelioma Victims After Judge Denies Johnson & Johnson’s Second Bankruptcy Attempt

September 1, 2023 | Throneberry Law Group

U.S. Bankruptcy Judge Michael Kaplan denied Johnson & Johnson’s second bankruptcy attempt in a recent court decision. This decision offers hope to many mesothelioma and ovarian cancer victims seeking justice from Johnson & Johnson. The consumer giant is facing tens of thousands of negligence claims accusing its talc powder product of causing mesothelioma and ovarian cancer.

Sometime back, Johnson & Johnson formed its subsidiary, LTL Management, for the purpose of carrying its talc liabilities into Chapter 11 bankruptcy. When a company is facing mesothelioma or other asbestos-related lawsuits, the company can file for Chapter 11 bankruptcy. Once the bankruptcy filing is approved, the company is required to establish a trust fund and put aside money to compensate people harmed by asbestos. In 2021, LTL Management filed for Chapter 11 bankruptcy and offered $2 billion in settlement for victims and their families. An NJ bankruptcy court approved this first filing, but a higher court reversed the decision citing that the company filed for bankruptcy without any real financial distress, thus, lacked good faith.

Johnson & Johnson did not give up and, through its subsidiary, filed for bankruptcy for the second time. The company offered $8.9 billion in settlement in the second bankruptcy filing for the victims and their families. This is over four times the amount Johnson & Johnson had offered during the first bankruptcy filing. However, despite this and the fact that about 60,000 plaintiffs and some attorneys representing plaintiffs supported the proposed settlement, many more people argued against the move. According to those who do not support Johnson & Johnson’s attempt to declare bankruptcy, allowing Johnson & Johnson to declare bankruptcy would mean that victims and their families will be forced to agree to insufficient terms and will prevent those who may be diagnosed in the future from pursuing justice.

J&J Promises to Challenge $18.8 Million Judgement Against it in Talc Case Against Pericardial Mesothelioma Victim

August 11, 2023 | Throneberry Law Group

For purposes of this article, the plaintiff in this case will be referred to as A.H.V.

Johnson & Johnson, the famous American corporation, has been sued by tens of thousands of people for its talc-based products. According to claimants, the company’s baby powder and other talc products sometimes contained asbestos. Asbestos is a dangerous substance that can cause mesothelioma and other fatal illnesses. Most litigation has been halted during bankruptcy proceedings, but J&J faced a setback after a recent ruling. Recently, a California jury decided that a particular plaintiff who filed their case against J&J in 2022 is entitled to $18.8 million for his medical expenses and pain and suffering. This is a lot of money for a company seeking to settle thousands of similar claims. The case proceeded after the U.S. Chief Bankruptcy Judge overseeing J&J’s subsidiary LTL Management’s Chapter 11 bankruptcy allowed it to proceed. The case was allowed to proceed mainly because the plaintiff’s mesothelioma is extremely rare. This makes his case different from most of the other pending cases against J&J.

The plaintiff in this case, A.H.V., filed his legal claim in 2022 after being diagnosed with a rare kind of mesothelioma. A.H.V. said that he developed mesothelioma in the tissue around his heart. This kind of mesothelioma is called pericardial mesothelioma. Research suggests that approximately 350 cases of this form of mesothelioma have ever been reported. According to the plaintiff, he developed pericardial mesothelioma because of the prolonged use of Johnson & Johnson’s baby powder as a child.

HBO Max’s “Not So Pretty” Shines Light on the Link Between Mesothelioma and Cosmetic Products

May 7, 2022 | Throneberry Law Group

Unfortunately, despite asbestos awareness advocates doing their best to educate people on asbestos and asbestos-related illnesses, such as mesothelioma, many people still do not understand the dangers of asbestos exposure. People are still mishandling asbestos and using asbestos-contaminated products. For example, people continue to use asbestos-contaminated cosmetic products. It is our hope that now that the dangers of using asbestos-contaminated cosmetic products have been revealed through HBO Max’s documentary, “Not So Pretty,” things will change.

HBO Max’s Multi-part Documentary Airs Out the Link Between Mesothelioma and Cosmetic Products

The documentary “Not So Pretty” is a four-part investigative expose of the beauty industry. The documentary, produced by Kirby Dick and Amy Ziering, exposes the secrets of the cosmetics and personal care industries. Unfortunately, these two industries are loosely regulated, with the U.S. Food and Drug Administration having little power to enforce changes.

Court Allows Mesothelioma Cancer Lawsuit to Proceed Against Retailer

May 9, 2021 | Throneberry Law Group

A New York state court recently issued an important ruling in an asbestos cancer lawsuit preventing one of the defendants from attempting to have itself removed from the case and potentially escape liability for its role in the victim’s cancer diagnosis. With the court’s ruling, defendant retailer Lot Less will remain as a defendant to the case while the plaintiff proceeds with the information gathering phase of the litigation in order to establish exactly what the business knew about the safety of the products it sold to consumers like the victim in this case.

According to the mesothelioma cancer lawsuit, filed in the Supreme Court of New York County in 2018, the now deceased plaintiff developed malignant mesothelioma cancer from years of using Johnson & Johnson’s Baby Powder, which was contaminated with deadly asbestos fibers. The plaintiff contends that not only Johnson & Johnson should be held liable for manufacturing the carcinogenic talc-based product, but also retailer Lot Less for selling the product to consumers like the victim. Other defendants named in the case included Bristol-Meyers Squibb, Cyprus Amax Minerals Company, and Whittaker Clark & Daniels.

In its motion for summary judgment, Lot Less argued that the family of the victim, who brought the suit on her behalf, had not yet proven that the Johnson & Johnson product in question actually contained asbestos. Further, the company argued that sellers of defective products generally have an implied right to indemnification, that is that they cannot be held liable for legally selling a product that a manufacturer produced. Fortunately for the plaintiff, the judge hearing the case determined that it would be premature to remove Lot Less from the case since the underlying liability had not yet been established.

New Jersey Supreme Court Allows Talcum Powder Cancer Lawsuit to Proceed

February 23, 2021 | Throneberry Law Group

The New Jersey state supreme court recently allowed a pair of talcum powder cancer lawsuits to proceed to trial. A lower court had overturned another judge’s decision to toss out the matter and effectively rule in favor of the defendant, Johnson & Johnson. Pharmaceutical and cosmetics giant Johnson & Johnson had petitioned the state’s highest court to review the case’s revival after New Jersey’s Appellate Division ruled in August that a lower Superior Court judge had improperly tossed the two cases after determining that plaintiffs’ expert witnesses were not credible.

“The trial judge was called upon to assess whether the opinions were the product of reliable data and employed methodologies accepted by the scientific community,” the three-judge Appellate Division panel wrote. “Instead, he selected defendants’ scientific methodologies over plaintiffs’, a process well beyond the gatekeeping function, and which resulted in an abuse of discretion.”

According to one of the two talcum powder cancer lawsuits, filed in 2014 in Atlantic County Superior Court, the victims developed ovarian cancer from years of using Johnson & Johnson’s talc-based Baby Powder. Other similar lawsuits filed against Johnson & Johnson claim that the company knew for decades about possible links between long term use of its talcum powder cosmetics products and women developing ovarian cancer and other serious forms of cancer.