Talcum Powder Lawsuit Loans
Talcum Powder Lawsuit Settlement Funding
TriMark Legal Funding will no longer offer pre-settlement funding on J&J Talcum Powder lawsuits due to a bankruptcy filing maneuver by J&J.
On October 14, 2021 LTL Management LLC (a J&J subsidiary) filed for bankruptcy.
J&J is using a controversial bankruptcy maneuver to block lawsuits over baby powder cancer claims
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Johnson & Johnson is drawing criticism after using a controversial bankruptcy maneuver to block roughly 38,000 lawsuits linked to claims that its talc baby powder was contaminated with cancer-causing asbestos.
The health products giant used a quirk of Texas state law to spin off a new company called LTL, then dumped all its asbestos-related liabilities — including the avalanche of lawsuits — into the new firm.
LTL filed for bankruptcy last week in a federal court in Charlotte, N.C., a move designed to sharply limit efforts to recover damages for those who say they were harmed by J&J’s baby powder.
“Johnson & Johnson doesn’t have this liability anymore. They pushed all of it into the company they created just to file for bankruptcy,” said Lindsey Simon, a bankruptcy expert at the University of Georgia School of Law.
As a result, Simon said, “consumers can’t recover [damages] against a big solvent company. They have to recover against this smaller fictional company created [by J&J].”
Read the full original article.
Johnson & Johnson, Talcum Powder, & Cancer
On November 10, 1994, the Cancer Prevention Coalition (CPC) wrote to the CEO of Johnson & Johnson (J&J), Ralph Larson. It was like the equivalent of forwarding someone a link via email. But the topic of concern was urgent: Studies as far back as the 1960s had made the connection between talcum powder and ovarian cancer.
The CPC cited the research of Harvard Medical School experts led by Dr. Bernard Harlow, which found that ovarian cancer risk was 50% greater for women who applied talc on their genitals. The document also stressed the increased risk of ovarian cancer with the increased use of genital talc among women.
The iconic Johnson’s Baby Powder is talc-based. And that wasn’t the only problem.
Talcum powder, the product’s main ingredient, contains asbestos. In 2018, a Reuters exposé published the details of documents deliberately concealed by the pharmaceutical giant. From 1971 to the early 2000s, the talc in its baby powder products often tested for carcinogenic asbestos, the umbrella term for six naturally occurring silicate minerals.
A rare form of cancer called mesothelioma arises from significant exposure to these minerals, all six of which tainted the talcum powder in Johnson’s Baby Powder at one time or another.
Cosmetic talc products, like J&J’s baby powder, are typically applied to baby’s bums and women’s private parts. They can wick moisture and prevent rashes.
But the CPC letter was asking, “at what cost?” The sender requested J&J to discontinue its baby powder products or put cancer warnings on the label at the least.
Until now, the company stands by the safety of its talc-based offerings. In May 2020, it finally announced that it was halting the sales of 100 products, including Johnson’s Baby Powder. Stores can keep selling their current inventory until it runs out. Meanwhile, it will continue to manufacture and sell its cornstarch-based baby powder.
J&J still faces tens of thousands of lawsuits over the cancer-inducing talcum powder. Some of these talcum powder cases involve mesothelioma-related claims.
Signs & Symptoms
Different studies have explained the link between continuous use of talcum powder and increased risk of developing ovarian cancer. But some of them have also noted that talc particles can stay embedded in the ovaries for years.
You may experience harm or personal injury in other forms, such as:
- Back, pelvic, and stomach pain
- Eating problems
- Infrequent urination/urinary dysfunction
- Irregular menstruation
- Pain during sexual intercourse
- Weight loss
Side effects may include breathing difficulty, chest pain, cough, drowsiness, eye irritation, seizures, vomiting, and even coma.
Seek medical help if you suspect your symptoms are related to talcum powder use. If your cancer is caused by frequent talc product use, find a products liability attorney who can guide you in filing a claim.
Most Named Companies in Talc Ovarian Cancer Lawsuits
According to DrugWatch, the following manufacturers of talc products are frequently named in lawsuits:
- Johnson & Johnson: Johnson’s Baby Powder and Shower to Shower
- Colgate-Palmolive: Cashmere Bouquet
These suppliers are also involved in the lawsuits:
- Imerys Talc North America: Raw industrial and cosmetic talc
- Whittaker, Clark & Daniels: Raw cosmetic talc
- Vanderbilt Minerals: Raw industrial talc
Lawsuits & Settlements
Tens of thousands of talcum powder lawsuits have been filed alleging the ingredient caused the plaintiffs’ ovarian cancer or mesothelioma.
Johnson & Johnson faces the highest number of cases. As of October 2019, the firm had 13,730 federal lawsuits consolidated in the U.S. District Court for the District of New Jersey. Hundreds also remained pending in state courts.
Statute of Limitations: Can You Still File a Suit?
States allow the filing of civil cases within a timeframe. When that prescribed period elapses, you can no longer pursue a lawsuit against the liable party.
Talcum powder lawsuits fall under products liability cases, and statutes of limitations for these run from two to 10 years. Most states provide victims two years from the onset of illness or discovery of the link between talcum powder and your cancer.
Talcum Powder & Ovarian Cancer Lawsuit Updates
The family of Jacqueline Fox filed a case against J&J on her behalf and received an award worth $72 million: $10 million in compensatory damages and $62 million in punitive damages. Fox was the first woman to win a jury verdict for ovarian cancer. She had died four months before the trial after using Johnson & Johnson talcum powder products for 35 years.
The ruling was reversed in October 2017. Reuters reported that the family was considering an appeal.
Johnson & Johnson and Imerys Talc America, Inc were both defendants in this trial. The jury found them liable for the illness suffered by Deborah Giannecchini. For around 40 years, the plaintiff had applied Johnson’s Baby Powder in her nether regions.
The jury ordered J&J to pay approximately $70 million in compensatory and punitive damages. Imerys was told to shell out $2.5 million.
During the trial, Giannecchini’s attorneys said she had an 80% chance of dying in the next two years.
Lois Slemp had used Johnson’s Baby Powder and Shower to Shower for 40 years. Shower to Shower is a deodorizing product designed for use after showering.
Slemp claimed that the talcum powder products caused her ovarian cancer. A St. Louis awarded her $110 million in total damages.
In October 2019, a judge overturned the verdict. Slemp’s camp announced plans to appeal the decision.
Eva Echeverria received the most significant verdict among individual cases: a whopping $417 million jury award. Her case was heard in a California court. The plaintiff had also been an avid user of Johnson’s Baby Powder and Shower to Shower for 40 years. She succumbed to ovarian cancer a month after her trial win.
In October 2017, a superior court judge reversed the jury decision. Echeverria’s lawyers responded by claiming they would file a court petition.
A St. Louis jury awarded 22 women and their families nearly $4.69 billion in total damages. Six of the women passed away before the trial.
Their plaintiffs alleged that the asbestos in talcum powder contributed to the women’s ovarian cancer. During the hearings, lead counsel Mark Lanier told the jurors they were the first jury to view the documents showing the cover-up in various instances regarding the asbestos content in J&J’s talcum products.
The defendant sought to overturn the verdict but lost the appeal.
Talcum Powder & Mesothelioma Lawsuit Updates
The presence of asbestos in talc can provide a link between talcum products and mesothelioma in plaintiffs. The risk of developing this rare type of cancer increases as consumers and industrial workers get exposed to the asbestos found in talc.
If you have a mesothelioma-related claim, check out the results of the following trials:
Judith Winkel filed negligence claims against Colgate-Palmolive and Calaveras Asbestos Ltd, whose motion for nonsuit was granted in April. Winkel had used Cashmere Bouquet for 16 years.
The trial proceeded in May, and the jury found Colgate-Palmolive’s negligence the direct cause of Winkel’s mesothelioma and awarded her $13 million. However, before the panel could set an amount for punitive damages, the case was settled for an undisclosed amount.
In May 2015, Philip Depoian was diagnosed with mesothelioma, which was at an advanced stage. He cited decades-long exposure to asbestos found in cosmetic talc as the cause of his cancer. Depoian was a political operative who worked as the aide of former Los Angeles Mayor Tom Bradley.
An LA jury granted Depoian an $18 million award in total damages after finding talc supplier Whittaker, Clark & Daniels and Cyprus Amax Minerals 30% and 40% at fault. Other companies named in the suit were American International Industries (Clubman Talc, 10%), Colgate-Palmolive (Men Shave Talc, 10%), and Shutlon (Old Spice maker, 10%).
A California jury awarded the estate of Richard Booker around $22 million over a contaminated paint case. The lawsuit was filed against Dexter Midland Chemical Co., Walter N. Boysen Paint Co., Vanderbilt Minerals, and Imerys Talc.
Booker, who worked as a paint maker, had blamed his exposure to asbestos-containing talc for his aggressive cancer. He died of mesothelioma in 2016.
A New Jersey jury awarded A $117 million compensation was awarded to Stephen Lanzo III. The banker sued Johnson & Johnson and its talc supplier Imerys Talc. The jurors found them liable for the plight of the plaintiff, a lifelong user of Johnson’s Baby Powder.
The decision was mainly based on documents revealing the companies had known their talcum powder ingredient contains asbestos.
Lanzo’s wife was also awarded $7 million for her loss of Stephen’s care, comfort, and society.
Plaintiffs Douglas Barden, David Etheridge, D’Angela McNeill-George, and Will Ronning filed claims against J&J, alleging the asbestos in the talc used to make Johnson’s Baby Powder and Shower to Shower led to their mesothelioma.
Together, they received $37.2 million in compensatory damages from a New Jersey jury.