Talcum Powder Settlements

Johnson & Johnson’s latest $8.2 billion settlement offer from October 2024 was an increase from the $6.5 billion proposal it made in May 2024.

As part of its strategy to resolve thousands of lawsuits related to cancer claims associated with its talcum powder products, the J&J subsidiary Red River Talc LLC filed for Chapter 11 bankruptcy in September 2024. This is its third attempt to use bankruptcy to address talc-related claims, as courts had previously dismissed both earlier attempts.

In August 2024, people who filed talcum powder lawsuits voted to approve a new settlement plan. Bloomberg reported more than 75% of these people voted in favor of the plan, exceeding the 75% threshold in U.S. bankruptcy law and allowing the case to proceed.

However, before it can take effect, courts still need to approve the settlement. A federal judge in Houston will likely decide on the proposed $8.2 billion settlement in 2025.

In multidistrict litigation (MDL) against Johnson & Johnson, there were 58,206 pending talcum powder cases as of March 2025.

In 2019, J&J reached confidential settlements with plaintiffs in California, Oklahoma and New York. The company also paid $2.12 billion in damages to 22 women from Missouri who alleged that Johnson & Johnson’s baby powder caused their ovarian cancer.

Some talcum powder lawsuits have reached settlements; others have ended with verdicts. In a civil case, a settlement occurs when the parties in the dispute reach an agreement outside the court system, while a verdict is the final decision that a judge or a jury renders after a case goes to trial.

With a settlement, the parties’ attorneys negotiate the terms and conditions. Once both parties agree on the settlement terms, they sign a legally binding contract, which ends the litigation process. Settlements allow parties more control over the outcome and avoid the uncertainties and costs of a trial. Importantly, settlements usually don’t include either party admitting fault.

During a trial, both sides present evidence and arguments, and the judge or jury evaluates the facts and applies the law to reach a conclusion. The verdict determines whether the winning party receives compensation or relief. Unlike a settlement, a court issues a verdict. The judgment is binding, but the losing party may appeal the decision to a higher court.

In a lawsuit against BASF, a major player in chemical production, about 3,800 rubber workers (or their heirs) say they received various cancer diagnoses, including mesothelioma, after handling asbestos-contaminated talc. The parties settled in 2020, with an estimated 90% of payments going to deceased workers’ children or grandchildren.

Defunct talc supplier Whittaker, Clark & Daniels also faced thousands of talcum powder lawsuits. In 2023, a jury in South Carolina reached a $29 million verdict against the company for asbestos exposure. This mirrors a similar 2017 lawsuit in which a New York jury ordered Whittaker, Clark & Daniels to pay another mesothelioma patient $16.5 million. In 2017, it settled a mesothelioma talc lawsuit in which plaintiffs claimed its talc products contained asbestos.

Legal industry experts estimate that the average settlement for talcum powder lawsuits is roughly $500,000 per plaintiff. However, the average settlement amount can vary widely because of many factors, including the plaintiff’s specific injuries, damages, lifestyle and income. Final settlement amounts are often confidential, making it difficult to determine an average. In many cases, defendants settle cases with no admission of liability.

Physical and financial damages, medical bills, lost earning capacity, severity of disease and lost quality of life can affect settlement amounts. People who lost a spouse from talcum powder-induced cancer may claim “loss of consortium” — the loss of the victim’s love and support — and wrongful death cases might receive larger settlements.

Talcum powder lawsuits may take several years to resolve. These cases are complex because plaintiffs must establish a link between cancer and talcum powder, often using medical records and scientific evidence. According to trial attorney Trent Miracle, complex talcum powder lawsuits may require three to seven years for settlement.

At first, the $100 million Johnson & Johnson settlement in 2020 seemed like a promising start for many more settlements. However, in October 2021, J&J began attempting to utilize bankruptcy to evade talcum powder cancer claims, slowing the process. The company would try the bankruptcy tactic again in 2023. The plaintiffs’ lawyers contested the drugmaker’s bankruptcy plans, and courts have twice ruled in favor of the plaintiffs by denying the bankruptcy cases.

As a result, J&J filed a third bankruptcy case through a new subsidiary (Red River Talc) in September 2024. This case is still pending.

If you developed ovarian cancer or mesothelioma after exposure to talc or talcum powder, you may be entitled to compensation.

It is essential to seek out experienced counsel because product liability cases — such as talcum powder lawsuits — can be complex and challenging to navigate. Skilled attorneys can help you understand your legal options and guide you through the legal process.