Diagnosed with ovarian cancer after using Johnson’s Baby Power?
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# Talcum Powder Lawsuit
The Johnson & Johnson Bankruptcy Plan Fell Through – What Exactly Does That Mean?
-at least 38,000 jury trials can be reinstated.
August 11, 2023 was a big day for women everywhere. On this day U.S. Bankruptcy Judge Michael Kaplan dismissed Johnson & Johnson’s bankruptcy shenanigans. Previously, J&J had tried to limit the money it had to pay out by creating a subsidiary and putting that subsidiary into bankruptcy – a new technique favored by corporate moguls to avoid responsibility for their actions. But the Judge in this matter wouldn’t have it. He said that the talcum powder lawsuits did not put J&J in immediate “financial distress” and dismissed the bankruptcy for a 2nd time.
This was great news because the claims of women who have or had ovarian cancer will not be limited now by a bankruptcy cap and at least 38,000 jury trials can be reinstated.
Lawyers who fought vigorously against the bankruptcy, and to the rumored $8.9 billion dollar bankruptcy settlement proposal, have said this offer was an attempt by J&J to significantly lower settlement values and to prevent new lawsuits from being filed. Both courts have found that the $400 billion company’s bankruptcy attempt was an improper manipulation of the bankruptcy system.
The bankruptcy dismissal is a BIG DEAL because it will make it harder for corporations going forward to use a Chapter 11 scheme to get out of paying fairly when their products have injured people. Of course, J&J said that it would appeal Kaplan’s decision and would vigorously defend itself against lawsuits that are “specious and lack scientific merit.”
File Your Talcum Powder Lawsuit Now
File a lawsuit = Send a Message
Tell Big Pharma It’s Not Okay to Play with Women’s Lives!
Who Can File a Talcum Powder Lawsuit?
If you qualify (we can quickly tell you), there is still time to sign up for possible financial compensation!
These are the basic requirements for participating:
- You must have used a talcum powder product, preferably produced by Johnson & Johnson, such as Baby Powder or Shower-to-Shower.
- You should have received an ovarian cancer diagnosis within the last seven years.
How the Word Got Out
The first talcum powder lawsuit was filed by 42-year-old Deane Berg, a physician’s assistant in Sioux Falls, South Dakota, who contracted ovarian cancer after ritually using J&J Baby Powder for 30 years, especially in intimate areas – “a sprinkle a day helps keep the odor away.” Two years after her ovaries were removed, a pathologist examined the tissue and found talcum powder present, which prompted Berg to file charges against J&J.
The company offered to settle out of court for $800,000, contingent on Berg never saying Baby Powder caused her cancer. She asked if J&J would include a warning label on its product. “No,” the negotiator said, promptly sweetening the offer by $500,000.
“You know I didn’t go into this to make a buck,” she told him. “I wanted to get this out there for the public, so women don’t suffer like I did.” Berg took a walk, came back in and said, “If you’re not going to put a warning on the powder and you’re not going to tell women, I’ll see you in court.”
After two days of deliberation concluding that trial, a jury found J&J guilty of neglect but ordered the company to pay Berg nothing. Berg, however, felt she’d won. Now the word was out.
The Conspiracy
Published studies since 1970 have affirmed that the talcum powder present in J&J’s Baby Powder is randomly contaminated with cancer-causing amphibole and chrysolite asbestos (spike-shaped particles that cause cancer). Two separate news investigations in 2018 proved the company knew about the risk as early as 1957-58 when the link between asbestos particles and ovarian cancer was first reported by a consulting lab.
Internal J&J documents uncovered by independent Reuters and New York Times investigations in December 2018 showed company executives “fretted for decades that small amounts of asbestos lurked in its baby powder, without telling regulators.” Yet, even today, the healthcare giant claims innocence and calls the mountain of opposing research “junk science.”
Confiscated internal communications also revealed J&J failed to give the Food and Drug Administration (FDA) actual results of at least three tests by three different labs between 1972-1975 and onward past 2000, which found its crushed talc arbitrarily laced with asbestos – in one case at “rather high” levels.
The company’s zeal to protect its iconic Baby Powder product led to manipulating U.S. safety regulations and public opinion. How was this possible? J&J commissioned and paid for [the] study, told researchers what results it wanted, then hired a ghostwriter to redraft the article for presentation of compromised findings in a widely circulated journal.
In this way, health regulators were hoodwinked for decades while multitudes of Americans were exposed to asbestos – including thousands of women later diagnosed with ovarian cancer. The FDA had earlier based its approval of J&J talc products on the doctored reports until 2019 when new tests found asbestos particles in one random bottle, prompting a 33,000-bottle recall.
Busted
“Johnson knew for decades that asbestos lurked in its Baby Powder.” – Reuters
In 2020, J&J pulled its Baby Powder from American and Canadian shelves, pledging to replace talcum powder, the key ingredient for 130 years, with cornstarch. In July 2022 the company announced its intention to replace talcum powder with cornstarch globally by 2023.
“It took that step only because bad publicity had hurt sales,” the company told NPR as executives rejected requests for interviews. Then in August 2022, a startling announcement was released, repeating the company’s denial of wrongdoing:
“Our position on the safety of our cosmetic talc remains unchanged,” said J&J attorney Alison Brown in a statement given to NPR. “Overwhelming scientific evidence proves Johnson’s baby powder is safe and does not cause cancer.”
Texas Two-Step
With most of the 38,000 cases still pending, J&J went looking for a way to stop the bleeding and found it in a loophole unique to Texas law called a divisional merger, or the “Texas Two-Step.” It is a controversial “bankruptcy” strategy attempted by a company whose total worth nears half a trillion dollars.
In any lawsuit, when the Defendant files for bankruptcy, court proceedings are halted until the issue is resolved. As a result, the talcum powder lawsuit has been on hold for 15 months.
During that time, talcum powder lawyers repeatedly sought a court order dismissing the merger bankruptcy. Now they have won it.
File Your Case Now
There is still time to file a lawsuit for ovarian cancer related to J&J’s baby powder. Talk to our team today to learn how you can get started.
About Talcum Powder & Asbestos
Talcum powder is a naturally-occurring mineral that feels silky to the touch, absorbs moisture, repels water and reduces friction that causes chafing and rashes on sensitive skin. It is the only natural mineral that isn’t water-loving (hydrophilic).
Talcum powder is guilty by association since it forms naturally underground alongside asbestos, a known carcinogen linked to ovarian cancer and peritoneal mesothelioma (rare). If the two minerals circulate in the ground, no mining method or purifying process can tease them apart.
What You Can Do Now
If you are suffering from ovarian cancer after using a talcum powder-based powder, such as Baby Powder, contact us now to find out if you’re eligible to file a claim for compensation. Lawyers handling talcum powder cases are committed and only work on contingency, meaning there’s no out-of-pocket cost and you pay nothing unless they win or settle your case. If not, you owe nothing.
A Case for Women was founded, and exists, to help women regain their power after suffering injury by holding wrongdoers accountable in a court of law. We work with attorneys that aim to negotiate the maximum possible compensation from the entity responsible for causing harm. It’s not okay. We also promote systemic change to better protect you and other women from further harm.
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