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A study by the American Society of Clinical Oncology (called the “Sister Study”) found a positive association between genital talc use and increased risk of ovarian cancer. The research found that frequent and long-term genital talc use was particularly associated with higher ovarian cancer risk, while no significant link was found with breast or uterine cancers. This study underscores the potential risks of intimate care products and calls for further research and safety evaluations. Following Judge Shipp’s decision to revisit causation, this timely, independent study supports our claim that Talcum Powder has a causal link to Ovarian Cancer.

For more details, visit ASCO.

J&J remains committed to seeking resolution of all ovarian cancer cases through bankruptcy and has proposed an $11B financial reserve for all talc related liabilities, of which ~$6.5B is intended to be distributed to those with exclusively gynecological cancer claims such as ovarian cancer (including originated in the fallopian tubes or peritoneum), cervical cancer, and uterine cancer. The remaining ~$4.5B is set aside for mesothelioma claims, Attorneys’ General claims, and talc-supplier claims.

A proposed resolution was announced by J&J on May 1st, 2024. Different from the first two bankruptcies, J&J will conduct a bankruptcy voting process before they file a bankruptcy petition - this is called a pre-packaged bankruptcy. In a pre-packaged bankruptcy, a debtor seeks support for a proposed resolution from claimants before filing a petition seeking the necessary support. Because J&J has relied on Section 524(g) of the bankruptcy code dealing with asbestos liabilities, J&J will need to receive positive support (a “Yes” vote) from 75% of all voting gynecological cancer claimants on the proposed resolution to obtain confirmation from the bankruptcy court.

The voting process will start on June 3, 2024, and end on July 26, 2024. At this time, there are no additional details on the proposed resolution or the voting process. Duncan Stubbs will share all information relating to the proposed resolution and voting process as it becomes available.

Judge Shipp clarified that by his order, he ordered a full refiling of general causation motions is appropriate. He opened up all expert opinions to be challenged, even Judge Wolfson’s previous order on this issue. The basis is that J&J has provided at least some evidence that the medical science has changed over the last three years and to review Judge Wolfson’s application under the revised rule of evidence. Simply put, Judge Shipp is permitting retrospective challenges to Judge Wolfson’s ruling in light of the emergence of new relevant science and recent revisions to the applicable evidentiary rule.

Finally, on the same day, Judge Shipp laid out scheduling for Bellwether cases and set the first Bellwether trial date for December 3, 2024.

Despite expert testimony indicating that 38 out of 40 studies supported the claim that Johnson & Johnson's talcum powder increased the risk of ovarian cancer, a Florida state court jury ruled in favor of J&J. This verdict marked the second ovarian cancer related trial since the lifting of the bankruptcy stay that has concluded in favor of Johnson & Johnson.

Since resuming litigation after two failed bankruptcies, J&J has been pushing for a full reconsideration of the general causation science between talc exposure and ovarian cancers in the MDL in the District of New Jersey. General causation is an essential standard for product liability cases to continue and must be met before trials can occur. General causation was previously decided in 2020 by Judge Freda Wolfson who ruled in our favor and permitted all five experts on general causation to testify. In other words, Judge Wolfson found Plaintiffs met the standard on general causation and cases were proceeding to trial until J&J filed bankruptcy.

On March 26, 2024, Judge Shipp entered a short order on general causation motions. He appeared to order that he will fully reconsider the general causation science between talc exposure and ovarian cancers. Judge Shipp ordered J&J to file a revised general causation motion by July 23, 2024, with Plaintiffs’ response due August 22, 2024. This order is being challenged, but we do not expect Judge Shipp to change his mind.

A Florida state judge declared a mistrial due to the jurors' inability to reach a consensus on whether Johnson & Johnson's Talcum Powder was responsible for the ovarian cancer that led to the death of a Miami woman after decades of exposure. The judge indicated that the case will be reset for trial. This was the first ovarian cancer talc trial since 2021, following the rejection of their second bankruptcy.

Johnson & Johnson has come to a tentative agreement to pay ~ $700 million to settle claims from 40+ U.S. states that it wrongfully marketed its talc-based baby powder products by not disclosing their potential health risks.

Important to note this agreement won’t have a direct impact on personal claims for injuries like ovarian cancer. We don’t yet know what those 40+ states will do with the settlement money or if it will benefit claimants.

Pressure is mounting on Johnson & Johnson. The company’s shareholders have accused J&J of fraudulently concealing that its talc products were contaminated with asbestos, a known carcinogen. A federal judge has just ruled the shareholders can pursue a class action against J&J.

During their earnings call, Johnson & Johnson indicates they will continue spending resources to delay litigation (and by extension, payments to ovarian cancer claimants) rather than resolving these cases.  J&J announced a settlement with some mesothelioma claimants (not ovarian cancer claimants) and said it would pursue a bankruptcy strategy for those with ovarian cancer.

Johnson & Johnson’s second attempt to use bankruptcy as a means to avoid paying claimants has been thwarted. The District of New Jersey bankruptcy court overseeing the case rejected J&J’s request, marking a significant turning point in litigation. This decision will prevent J&J from shielding itself from the true cost of the harm caused by its talcum powder products. There seems to be two possible paths forward for J&J:

Path 1: Re-file for bankruptcy for a third time. This is J&J's preferred path, involving a commitment to settle current claims and fund a trust for future claimants. However, the courts have rejected previous bankruptcy plans, and J&J will struggle to get the required approval from 75% of injured plaintiffs.

Path 2: Litigation within the courts. With the dismissal of the second bankruptcy case, litigation can move forward, and new cases can be filed against J&J. Litigation is mostly consolidated in New Jersey Federal Court with the first trial expected to take place towards the end of 2024.

Unsealed court documents from the 1970s reveal Johnson & Johnson cruelly and inhumanly tested talc on predominantly Black, incarcerated men to see the effects of talc and asbestos (a human carcinogen) on their skin.  This was also written about in the book Acres of Skin.

Johnson & Johnson explores the controversial “Texas Two-Step” bankruptcy as a strategy to limit talcum powder liabilities. It would allow them to funnel talc lawsuit claims to a subsidiary company (LTL Management) and file that legal entity for bankruptcy.

Johnson & Johnson announced they will stop selling talc-based baby powder in North America and finally transition to a safer, corn starch-based formula for all customers by 2023. Despite the change, they maintain they did nothing wrong with the original formula.

New Jersey Federal Court permitted experts to testify on the link between talcum powder and ovarian cancer/mesothelioma. This established general causation between talcum powder and these cancers.

FDA discovers asbestos during random sampling of J&J’s baby powder product leading to a recall of 30,000 bottles.

A Reuters report reveals Johnson & Johnson knew about potential asbestos contamination in talcum powder.

A series of verdicts unfolds against Johnson & Johnson, with substantial damages awarded to plaintiffs. This started with the JPML consolidation in New Jersey Federal Court in 2015:

2016: J&J loses a series of lawsuits in St. Louis totaling more than $200M in damages. 

2017: A California jury awards a plaintiff $417M in damages.

2020: The Missouri court of appeals upholds a $2B verdict against J&J.

2020: J&J agrees to pay $100M to settle a batch of roughly 1,000 cases.

The first lawsuits are filed against Johnson & Johnson claiming talcum powder causes ovarian cancer.

The American Cancer Society suggests potential risks of talc powder exposure, prompting legal scrutiny.

Reports and studies emerge linking talcum powder use to ovarian cancer, including research that revealed talc particles deeply embedded in ovarian cancer tumors.