In July 2023, Reuters reported on Johnson & Johnson suing four doctors for publishing studies that cited a link between cancer and talc-based personal care products. The global brand claimed that the scientific studies were not correct.
LTL Management, which is a subsidiary of the company, had taken the talc liability of the company in a controversial spinoff in 2021. This subsidiary also filed a lawsuit at the federal court in New Jersey asking the researchers to either retract or correct the study, which mentioned asbestos talc products led to mesothelioma.
Richard Kradin, who is one of the researchers, didn’t want to comment. And the other two, John Maddox and Theresa Emory, didn’t share their comment when requested for the same. The lawyers representing them before in such litigation didn’t share their opinion or comment either.
Recently, Johnson & Johnson has witnessed over 38,000 lawsuits alleging that the brand’s talc products, which include Baby Powder, contain asbestos and result in ovarian cancer. The company is trying to resolve all these lawsuits by paying an amount of $8.9 billion in the bankruptcy court.
In this article, we will discuss how Baby Powder by Johnson & Johnson caused harm to people and how to file a legal complaint.
Johnson & Johnson Must Compensate Cancer Patients
In June 2023, Axios reported that the California Jury ordered Johnson & Johnson to pay about $18.8 million to Emory Hernandez Valadez, a cancer patient in California, who alleged the brand’s baby powder caused mesothelioma in a tissue close to his heart. He shared that he used the brand’s Baby Powder when he was a child.
Recently, the global brand has been aiming to settle all the lawsuits from families who have suffered from multiple ailments due to talc powder and cancer survivors. Even though they deny its possibility, Johnson & Johnson is keen on remedying the legal cases.
According to the jury, Hernandez deserves compensation for all the pain he underwent and the medical expenses he incurred. However, the court didn’t grant him punitive damages against the company.
But what seems to be a tad bit disappointing is that Hernandez can’t get covered for the damages filed in his Johnson & Johnson Baby Powder lawsuit because it is due for the bankruptcy proceedings that stop these payments in cases including talc powder from Johnson & Johnson.
However, Eris Haas, the vice president of litigation at Johnson & Johnson, replied through an email statement, claiming the verdict to be “irreconcilable” with years of independent scientific assessments affirming that the brand’s Baby Powder is safe. He further asserted that the product is free of asbestos and doesn’t lead to cancer.
Can Talc Cause Cancer?
In March 2023, Verywell Health reported that talcum powder has asbestos that leads to health hazards. Asbestos is carcinogenic for humans. This fact is supported by the U.S. Environmental Protection Agency, the International Agency for Research on Cancer, the World Health Association agency, and the U.S. Department of Health and Human Services.
Asbestos exposure causes various cancers:
- Larynx cancer
- Lung cancer
Personal care and cosmetics products are working out ways to eliminate asbestos from talc products, but still, a few traces remain.
Filing a Legal Complaint
Johnson & Johnson’s Baby Powder is a widely used powder for both kids and adults. And prolonged use leads to ovarian cancer, lung cancer, and uterine cancer. If you or any of your loved ones have been affected and have developed severe ailments, filing a legal complaint is a wise decision. Allowing a lawyer to represent you helps in getting the best settlement amount.
TorHoerman Law asserts that an individual’s settlement amount can differ between $100,000 and $1 million. However, that doesn’t mean every individual who files a complaint will receive an amount in between this range.
It is subject to change based on the individual’s case, the sufferings they underwent, and the degree of the ailment or cancer that got spread in the body. Usually, the statute of limitation is one year, but that too varies from one state to the other.
Johnson & Johnson’s cancer lawsuit marks a vital step in holding corporations responsible for their products’ potential risks. This legal outcome serves as a reminder of the importance of thorough testing, transparency, and consumer safety in the pharmaceutical industry.
This settlement might bring some closure to the ones who have been affected by the alleged harmful side effects of baby powder. Additionally, it underscores the necessity for individuals who have suffered harm due to inadequate warnings to seek legal recourse. Consumers must be aware of their rights and have access to legal channels for seeking compensation and justice for any harm caused.