A new study has supported lawsuits against Johnson & Johnson, which claim the company’s talc-based baby powder caused ovarian cancer. Research published in the Journal of Clinical Oncology found that women who used talc powder on their pelvic area had a higher risk of ovarian cancer. The severity increased for those who used the powder regularly or for a long time.
According to Reuters, 99% of all talcum powder lawsuits against the manufacturer involve ovarian cancer. There are over 54,000 of these lawsuits. However, Johnson & Johnson still insists its products are safe.
This latest study arrives just months before a highly anticipated federal trial in New Jersey. Hence, it could present a significant shift in the narrative. Let’s see how.
Increased Evidence of a Connection Between Talc Use and Ovarian Cancer
A study by researchers at the NIEHS found a significant link between talc-based powder use and ovarian cancer. The research highlighted increased cancer risk with talc usage in the vaginal area. One of the key aspects of this study was its effort to address potential biases (exposure misclassification and recall bias).
Those who used the powder for a prolonged time (>20 years) faced twice the risk of developing ovarian cancer compared to non-users. The study analysed data from the Sister Study, involving over 50,000 women in the U.S. aged 35 to 74. Each participant had a sister with breast cancer, potentially increasing their risk for breast or ovarian cancer.
The publication of this study is a significant development. It raises further concerns about the safety of talc-based powders, mainly when used in sensitive areas of the body.
A History of Denial and Legal Challenges
Scientific literature from the 1960s linked talc-based powder use in the genital area to the incidence of ovarian cancer. However, these studies have not definitively proven this association or identified specific risk factors if they do exist. The FDA has emphasized further research to validate any potential connection.
The first lawsuit claiming that talc-based products can cause ovarian cancer was filed in 2009. Moving forward, it sparked a series of similar legal claims. The plaintiffs contend that asbestos in J&J’s talcum products caused their cancers.
Despite the influx of lawsuits, Johnson & Johnson maintains that their talc products are asbestos-free and safe. They emphasized that a definitive link between talc and ovarian cancer has not been established. Many continue to file claims seeking compensation for their medical conditions. Given the scene, the average settlement for a talcum powder lawsuit has become a key point of interest.
The publication of this new study may significantly impact ongoing legal proceedings related to talc powder use. These cases, mostly consolidated into a federal case in New Jersey, have a trial expected in December 2024.
The plaintiffs’ steering committee believes this research affirms what plaintiffs have argued for years. It brings forward the context that talc-based powders pose a significant risk to users. They see this as timely and crucial evidence that could further their case against Johnson & Johnson.
The Road to Resolution Through Bankruptcy Court
In May 2024, Johnson & Johnson put forth a settlement offer of around $6.48 billion. This action is taken to settle the ongoing lawsuits, as reported by the Guardian. However, for this resolution to go through, the cases must be moved to bankruptcy court. Also, 75% of claimants must accept the deal.
The company has encountered significant challenges in resolving these lawsuits through bankruptcy. Their efforts to dismiss the talcum powder lawsuits in bankruptcy court were unsuccessful twice.
Johnson & Johnson even established a subsidiary, LTL Management LLC, and filed for Chapter 11 bankruptcy as part of a broader strategy. It handles the legal responsibilities related to talc claims using a controversial legal strategy known as the Texas two-step. This approach allows companies to split into separate entities to manage liabilities while continuing normal business operations.
The courts had rejected the bankruptcy filings because the subsidiary was not in financial distress. It thwarted the company’s efforts to bring closure to these cases through bankruptcy.
According to TorHoerman Law, J&J’s continued efforts to move forward with its third bankruptcy attempt raise concerns. The additional $1 billion added to the settlement package suggests the company may not be in the financial position it claims. This calls into question the need and fairness of filing for bankruptcy.
FAQs
- What is the link between ovarian cancer and talcum powder?
Talcum powder has been suspected to cause ovarian cancer since the 1960s. Recent studies confirm a connection between the use of talc powder in the genital area and ovarian cancer. However, the concern is particular for long-term users. The International Agency for Research on Cancer categorizes perineal talc use as “possibly carcinogenic to humans”.
- What is Johnson & Johnson’s stance on the talcum powder lawsuits?
Johnson & Johnson denies that their talc-based products contain asbestos. They emphasize that there is no proven link between talc and ovarian cancer. However, the entity has been involved in legal battles concerning its talcum powder products. Moreover, their attempts to use bankruptcy to resolve these liabilities have faced legal challenges.
- To what extent has J&J been the target of lawsuits?
More than 50,000 legal claims have been initiated by J& J. It primarily involves claims that talc-based products cause ovarian cancer or mesothelioma. Beyond talcum powder, J&J has also been involved in substantial legal proceedings related to the opioid crisis.
The legal battles targeting Johnson & Johnson and its talc-based baby powder are not yet resolved. Recent studies indicate a stronger connection between talc usage and ovarian cancer, potentially altering the course of this legal dispute. As the lawsuit progresses, the future of numerous women pursuing justice remains uncertain.
