Johnson & Johnson Ovarian Cancer Lawsuits Set to Remain Paused
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Lawsuits involving Johnson & Johnson’s baby powder and its possible ties to ovarian cancer are set to remain paused for several more months. Bloomberg reported that Judge Christopher Lopez is keeping a stay on active litigation in place into March.
Lopez is overseeing the bankruptcy case of Red River Talc, a J&J subsidiary. J&J formed this subsidiary to help resolve an $8 billion settlement of thousands of talcum powder lawsuits.
Talc cases were initially paused in September, shortly after J&J offered the settlement and Red River Talc filed for bankruptcy. J&J hopes to take advantage of a Texas two-step bankruptcy. This is when a subsidiary takes on liabilities and files for bankruptcy in place of the main company.
J&J says that its settlement has the support of around 83% of claimants, but its completion is still far from certain. The company’s previous Texas two-step attempts to handle ovarian cancer litigation have failed, and its latest settlement has received significant pushback from the Department of Justice.
Judge Lopez plans to hold a trial in the bankruptcy case early next year to address multiple motions to dismiss the attempt. The trial will also cover claims that plaintiff support for the settlement was manipulated.
Law.com reported in October that some lawyers had accused J&J of inflating plaintiff support, claiming that the number is below 50% when excluding non-compensable claims.
Lopez said at the time that he would combine the plaintiff support issue with the motions to dismiss into the upcoming trial.
As of December, over 58,000 active talcum powder lawsuits are pending in multidistrict litigation.
Ovarian Cancer Claims at Center of J&J Lawsuits
J&J’s $8 billion settlement proposal is an attempt to end thousands of active lawsuits against the company that date back years.
The lawsuits stem from health concerns tied to the company’s talc-based baby powder, which was discontinued in North America in 2020. Lawsuits claim that J&J failed to warn of the risks of ovarian cancer from its product.
According to the American Cancer Society, concerns have centered on whether the talc particles in talc-based powder applied to the genital area can travel to the ovaries, causing ovarian cancer.
These concerns have resulted in numerous years-long lawsuits. But if approved, the settlement would likely resolve the vast majority of that litigation.
J&J has said, however, that its settlement offer does not cover mesothelioma cases, which are similar, but focus on whether the company’s baby powder caused that rare form of cancer.
J&J recalled over 30,000 bottles of baby powder in 2019 after the Food and Drug Administration found asbestos in a test sample.
Editor Lindsay Donaldson contributed to this article.