Talcum Powder Lawsuit: Settlement amounts & dates
Over the years, people who have been using Johnson & Johnson’s baby powder and had ovarian cancer and/or mesothelioma diagnosis filed lawsuits seeking a fair trial and compensation. The claims state that the manufacturer knew about the risks of putting talc and asbestos in their baby powder, but instead of warning consumers about it, prioritized making profits.
Plaintiffs from 50 states claim that manufacturers of baby powder failed to warn them about the risks of using their talc-containing products. The lawsuits are backed up by scientific evidence that associates asbestos and talc (two minerals present in talcum products) with a higher risk of developing cancer.
Since the first talc mesothelioma case in 2006, both individual and multi-district litigations are facing an ongoing process. Product liability cases against brands that manufacture, sell, and distribute talc-containing products are the most frequent, which means that they hold the product manufacturer accountable for their health problems.
Johnson and Johnson Baby Powder Lawsuit Settlement: What Happened So Far
Up to this date, tens of thousands of plaintiffs received compensation after settlements and jury verdicts, and claimants received billions of dollars. To reduce the negative impact of the increasing number of lawsuits, in the summer of 2021, Johnson & Johnson tried unsuccessfully to have the claims dismissed by the Supreme Court.
The company also tried to stay off the hook by creating a new company called LTL Management and dumping all the lawsuits into the new company. After that, they made LTL Management file for bankruptcy, in a desperate try to reduce the financial impact of payouts to plaintiffs.
Nevertheless, the company isn’t exonerated and is still facing lawsuits and losing verdicts all over the country. For instance, in 2018 the jury awarded $4.7 billion to a group of 22 plaintiffs in St. Louis County, Missouri. In 2020, Johnson & Johnson settled 1,000 lawsuits for $100 million and a Missouri Court of Appeals awarded 22 women diagnosed with ovarian cancer $2.12 billion.
In 2021, a California court awarded $26.5 million to a plaintiff who developed mesothelioma and used the powder for twenty years. As of July 2022, the company had nearly 38,000 lawsuits associated with the asbestos present in talc products, for which they had to pay $4 billion in settlements, verdicts, and other defense costs.
Although Johnson & Johnson already recalled such products from the market, the list of plaintiffs with a cancer diagnosis due to the use of their products continues to grow. And so is the list of those who received compensation for the damages they suffered.
Average Estimation of Johnson and Johnson Lawsuit Settlement
Taking into account previous settlements, it is estimated -but not conclusive- that a Johnson & Johnson baby powder settlement could be at least $100,000. It is also possible that this amount should be divided between many plaintiffs, but it is not certain.
Since every plaintiff suffered from different damages, each legal strategy should be considered separately. These are only estimations: in fact, there are unique factors that could make a settlement diverge from one plaintiff to the other. Those are, for instance:
- The age at which the disease was discovered and developed.
- The financial damages suffered by the plaintiff because of the disease. It is often unemployment and loss of work capacity. Many claimants had to stop working because of the cancer diagnosis while paying thousands of medical bills. They may often need paid assistance at home, which is expensive.
- The emotional damages. A cancer diagnosis could turn a life upside down, and the patient could feel depressed or hopeless or even develop clinical depression.
- The state in which they are suing.
Also, those who lost their spouses could add to the lawsuit another damage called loss of consortium.
This is why it is always a good idea to consult with an experienced attorney who can guide you through the process and help you obtain a favorable outcome.
Contact us so we can evaluate your case, and keep you updated on the baby powder lawsuit and possible settlements.
How Long Would I Have to Wait To Obtain Compensation for a Baby Powder Lawsuit?
Since almost all of the cases are product liability cases, the process can be complex and long, taking months and even years, depending on your particular situation and the strategy suggested by the legal team. Many experts consider three to seven years to settle.
Also, certain factors could influence the timeline of the baby powder case. Some of the variables could be the type of powder the plaintiff used and for how long they used it, as well as the health status and age they had when they were diagnosed.
The time required to gather the evidence is also a significant factor since it typically consists of:
- A complete diagnosis that ideally connects the use of the product with the illness. Sometimes, it could be hard to prove the link between the baby talcum powder use and the development of cancer.
- Proof of the prolonged use of talc-containing baby powder. Specially, if you used talcum powder every day for five years or longer.
- Documentation that states the financial and emotional damages suffered since the cancer diagnosis.
- The proof that the diagnoses happened after the year 2000 and between the ages of 22 to 65.
Although a settlement could happen before the trial, accepting it too soon could result in unsatisfactory or unfair compensation. This is why it is important to contact an attorney as soon as possible, to be sure you are eligible to file a lawsuit and to receive the best legal advice that could help your case.
Sources:
https://www.cancer.org/healthy/cancer-causes/chemicals/talcum-powder-and-cancer.html
https://www.forbes.com/advisor/legal/product-liability/talcum-powder-update
https://drlawllp.com/how-long-talcum-powder-case-settle/
https://www.cancer.org/treatment/treatments-and-side-effects/physical-side-effects/emotional-mood-changes/depression.html https://www.forbes.com/advisor/legal/product-liability/talcum-powder-update/
