Talcum Powder Mass Tort Marketing Campaigns For Lawyers

November 14, 2024

Acting via its bankruptcy monitor, the U.S. Trustee, the Department of Justice has formally opposed Jones Day, Johnson & Johnson’s choice of legal counsel for Red River Talc LLC, the subsidiary at the center of the company’s bankruptcy proceedings. Jones Day is believed to be a conflict of interest, since they were instrumental in the development of the contentious “Texas Two-Step” maneuver. The tactic allows companies to put liabilities on another entity, protecting the former and its assets from bankruptcy and mass tort claims.

November 1, 2024

Since October, nearly 150 new plaintiffs have been brought lawsuits against Johnson & Johnson, bringing the total number in the Talcum MDL (multi-district litigation) to 58,198

A lawsuit involving a Massachusetts real estate developer has ordered Johnson & Johnson, as well as multiple subsidiaries, to pay $15 million in damages to the plaintiff, who maintained that exposure to asbestos resulted in their mesothelioma diagnosis. During the trial, which was carried out in Connecticut, the plaintiff’s lawyers had requested $30 million in damages, while J&J, whose defense suggested that the plaintiff’s illness was due to a genetic mutation and not exposure to asbestos, had offered $4 million. 

J&J’s new subsidiary, Red River Talc LLC, filed for Chapter 11 in Texas, proposing an $8 billion settlement fund. This move prompted the U.S. Trustee to accuse J&J of “forum shopping” and seek to transfer the case back to New Jersey. Texas bankruptcy judge temporarily halted some talc lawsuits to address jurisdictional questions.

An Oregon state judge overturned a $260 million verdict against J&J, granting a new trial. In the MDL, Judge Shipp rejected consolidation for the first bellwether trial, now set for December with a single plaintiff. A new mesothelioma trial began in Connecticut, highlighting ongoing individual cases.

The MDL grew by 155 cases, totaling 57,937 lawsuits. These developments underscore the complex legal landscape as J&J seeks to resolve its talc liabilities.

J&J currently seeks the dismissal of a national class action for medical monitoring. At the same time, it has to deal with a $63 million verdict for asbestos-induced mesothelioma in South Carolina. This significant jury award puts into doubt J&J’s trial plan. On the other hand, preliminary signs point to talcum powder claimants endorsing the most recent settlement plan, suggesting a new phase in the litigation process.

The World Health Organization’s recent assessment links Johnson’s Baby Powder to an increased risk of cancer, particularly ovarian cancer. J&J proposed a $6.5 billion settlement to resolve the lawsuits, pending a supermajority agreement from claimants by the end of July. Additionally, J&J’s attempt to discredit plaintiffs’ experts failed, with the court ruling in favor of the expert’s First Amendment protections.

The talcum powder litigation continues to evolve with J&J’s $700 million settlement with 43 states over marketing claims. A significant trial is underway in Dallas, Texas, marking the first in the state. The number of pending cases in the MDL increased to 57,365, reflecting a rise in new case volume.

New research in the Journal of Clinical Oncology found a strong link between talc use and ovarian cancer, bolstering the plaintiffs’ claims. J&J agreed to a $6.5 billion settlement deal, conditional on plaintiffs’ approval by July 26. This deal covers ovarian cancer claims, while mesothelioma claims are settled separately. The MDL saw a minor increase in new cases, now totaling 53,939.

J&J and Kenvue Inc. were ordered to pay $45 million in a mesothelioma case, while a Florida jury ruled in J&J’s favor in an ovarian cancer case. Plaintiffs’ attorneys are contesting the MDL judge’s mandate for a full refiling of Daubert motions. The number of pending cases in the MDL increased by 143, bringing the total to 53,939.

A Florida state judge declared a mistrial in a talc powder case after jurors failed to reach a verdict. Plaintiffs’ lawyers are fighting J&J’s attempts to quash subpoenas for documents related to its talc liabilities. The MDL has seen a slowdown in new case filings, with only about 60 new cases added since the start of the year.

J&J faced ongoing litigation in multiple states, with new trials beginning in Pennsylvania, Arkansas, and Florida. A state judge allowed old advertisements for J&J baby powder as evidence for punitive damages. The MDL added 34 new cases in January, bringing the total to 53,767. J&J’s efforts to challenge plaintiffs’ experts and attorneys continue, with new subpoenas issued.

J&J offered $6.9 billion to settle over 50,000 ovarian cancer claims. The MDL saw a surge in new cases after the bankruptcy stay was lifted, totaling 53,733 pending cases. J&J agreed to a $700 million settlement with over 40 states for deceptive marketing tactics related to talc products. A new class action lawsuit from J&J investors was certified, alleging misleading statements about product safety.