Johnson & Johnson Settles Talcum Powder Lawsuit Partway Through Trial

Pharmaceutical giant Johnson & Johnson has reportedly settled an asbestos talcum powder lawsuit mid-trial, before the jury was asked to deliberate.

The Los Angeles Times reports that the parties struck a deal on Jan. 6. Alameda County Judge Stephen Kaus told the jury that the parties “have settled their case…I don’t know what the settlement is; I just know that it’s resolved.”

In Linda and Mark O.’s talcum powder lawsuit the plaintiffs claimed that Linda’s mesothelioma was caused by exposure to asbestos in Johnson & Johnson’s popular talc-based baby powder products. Linda was diagnosed with mesothelioma in August 2018. At the time, she was given about 18 months to live. Since then, Linda has undergone several rounds of chemotherapy and immunotherapy, but her cancer has continued to spread, according to her lawyer.

Johnson & Johnson maintains that its baby powder products were not the cause of Linda’s cancer.

The trial began on Dec. 2, but recessed for the holidays. Johnson & Johnson’s decision to settle the case mid-trial is unusual. More than two weeks’ worth of testimony had already been presented before the parties settled.

This particular talcum powder lawsuit was expected to be a sort of bellwether for baby powder litigation, given that this jury was going to be one of the first to consider information released in October from the U.S. Food and Drug Administration (FDA). At that time, the FDA announced that testing of Johnson & Johnson’s talcum powder revealed asbestos in a sample and that Johnson & Johnson had issued a voluntary recall for a large lot of its baby powder. The FDA issued an advisory notifying consumers not to use Lot No. 2318RB

In a separate talcum powder lawsuit, also tried in St. Louis, jurors who heard testimony about the FDA’s asbestos testing ruled in Johnson & Johnson’s favor, finding that the company was not liable for the plaintiff’s ovarian cancer. But in 2018, another St. Louis talcum powder trial didn’t fare well for J&J. In that case, brought by 20 women who alleged their cancers were caused by baby powder, jurors found in the women’s favor and awarded them $4.7 billion to be paid by the pharmaceutical giant.

“In litigation of every nature there are one-off situations where settlement is a reasonable alternative,” said Johnson & Johnson spokeswoman Kim Montagnino via email. “The decision to resolve any particular case in no way changes our overall position that our talc is safe, is asbestos-free and does not cause cancer.”

Johnson & Johnson continues to face some 17,000 lawsuits filed over asbestos in baby powder allegedly causing cancer.

Filing a Talcum Powder Lawsuit

If you or someone you love has been diagnosed with cancer after exposure to talc-based baby powder, such as Johnson & Johnson’s baby powder products, you may be able to file a talcum powder lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by a cancer diagnosis, nor can it bring a loved one back to life, but it can at least help alleviate the financial burden incurred by medical expenses, lost wages, and more.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Talcum Powder Lawsuit is Case No. RG19019699, in the Superior Court of the State of California, County of Alameda.