Bankruptcy Judge Lifts Stay on J&J Talcum Powder Litigation, New Cases May be Filed
Claimants waiting to file talcum powder ovarian cancer lawsuits against Johnson & Johnson can finally resume their journey for justice, as a bankruptcy judge lifted the stay on the litigation. Plaintiffs are anxious for trial, as the litigation was paused for nearly two years while J&J attempted to skirt liability by seeking bankruptcy.
A federal bankruptcy judge has officially ended the stay on talcum powder lawsuits against Johnson & Johnson and its subsidiary LTL Management. This decision follows a prolonged pause over talc injury legal proceedings over the past two years.
Many women use talcum powder, or baby powder, as part of their personal hygiene regimen. Studies have shown, however, that talcum powder usage may increase a woman’s risk of developing ovarian cancer. Often called the “silent killer” because it develops without symptoms and is difficult to detect in its early stages, ovarian cancer frequently goes undiagnosed until it has metastasized, meaning it has spread to other organs.
In late 2021, J&J embarked on a contentious bankruptcy strategy to dodge liability after it was hit with more than 37,000 lawsuits related to its Baby Powder and Shower-to-Shower products. These lawsuits had been filed across federal courts, all sharing similar allegations that certain of J&J’s talc-based products led to the development of ovarian cancer, among other conditions, after long-term use. Many of these lawsuits were consolidated into a multi-district litigation in 2016, coordinated in one federal court under one judge.
In March 2023, the Third Circuit Court of Appeals rejected J&J’s bankruptcy plan, whereby the healthcare product company transferred liability related to talc injury claims to a new subsidiary, LTL Management, LLC, which immediately filed for bankruptcy protection. In a second bankruptcy attempt, J&J proposed a $8.9 billion talcum powder settlement fund which was again rejected—this time in July 2023 by U.S. Bankruptcy Judge Michael B. Kaplan who deemed that the bankruptcy was not filed in good faith.
With the removal of the stay on talcum powder lawsuits, women with similar allegations may now finally file their complaints and continue to seek justice through litigation. If you were diagnosed with ovarian cancer after having used talcum powder, baby powder, or any other talc-based product, you may be entitled to compensation for medical costs, loss of income, and other damages. An attorney will be able to help you determine if you have a viable talcum powder claim.
Contact Our Attorneys to Discuss Talcum Powder Litigation and Your Potential Case
If you or a loved one was a user of talcum powder and have been diagnosed with ovarian cancer, please contact the attorneys at Grant & Eisenhofer.