Johnson & Johnson has faced multiple lawsuits over its flagship powder, Johnson's. The avalanche of lawsuits derives from the shocking revelations that the multinational company knew that its baby powder contains talcum powder, a mineral that causes ovarian cancer and mesothelioma. But even before we discuss the Johnson & Johnson baby powder settlement, let's first dig into the exact reasons the company is facing countless lawsuits from all over the country.
Johnson & Johnson Baby Powder Lawsuit Explained
Johnson's baby powder is arguably the most popular brand from the famous pharmaceutical company. However, trouble started when the company began facing multiple lawsuits from women who had been diagnosed with ovarian cancer after years of using the baby powder. Some other lawsuits came from individuals who had been diagnosed with mesothelioma after using the product.
The prosecution argued that Johnson & Johnson knew about the presence of talc in the powder but refused to stop using it because they were more interested in making profits than prioritizing their client's safety. According to a jaw-dropping report from the New York Times and Reuters, the company's own scientists even proposed replacing talc with cornstarch, which was way cheaper.
The reports claim the proposal was tabled as early as 1973. But despite knowing the risks involved with using talc as a major ingredient in the popular baby powder brand, Johnson & Johnson did nothing about it. Instead, they continued making profits for decades, putting the lives of millions of consumers at risk of developing ovarian cancer and mesothelioma.
It is believed that the company chose to continue using talc because it was cheaper than cornstarch. This was a case of greed and negligence.
Following an increasing number of lawsuits, Johnson & Johnson tried to have the claims dismissed by the Supreme Court in the summer of 2021 and failed. Since then, the company has attempted various tactics to block the lawsuits, including filing for bankruptcy.
For example, in Texas, the company took advantage of a legal loophole to create a new company called LTL Management and then dumped all its asbestos-related liability, including the lawsuits, into the new company.
LTL then filed for bankruptcy in a federal court in North Carolina, limiting the plaintiff's efforts to recover damages for asbestos exposure. But that doesn't mean all is lost - the company is still facing lawsuits from every corner of the country and has lost multiple rulings nationwide.
An Overview of Johnson & Johnson Baby Powder Lawsuits
In August 2021, a California court awarded $26.5 million to a plaintiff in a talc lawsuit against Johnson & Johnson. However, this was not a case of ovarian cancer but mesothelioma. The plaintiff had used the baby powder for two decades.
By the summer of 2021, at least 34,000 known talcum powder lawsuits were filed against the company, the second-largest MDL class action lawsuit filed in the history of the United States.
Earlier in 2020, Johnson & Johnson had agreed to settle 1,000 lawsuits for about $100 million. The same year, a Missouri Court of Appeals upheld a lower-court ruling, awarding 22 women $2.12 billion in damages after it was established that they suffered ovarian cancer from using the iconic baby powder.
In 2019, a New York City state court ordered Johnson & Johnson to pay a woman and her husband $325 million. The woman had alleged that she had developed pleural mesothelioma cancer after years of using the baby powder.
These are just examples of some of the many lawsuits filed against the pharmaceutical company.
So What's the Average Johnson & Johnson Baby Powder Settlement?
From the above examples, it's safe to conclude that the average Johnson & Johnson baby powder settlement is at least $100,000. This is because some of these settlements were awarded to a group of plaintiffs, meaning they'll have to divide the amount among themselves.
However, it's also important to note that the only way to find out the true value of your Johnson & Johnson claim is by contacting an experienced talc powder attorney for a case evaluation. Chances are, the claim could be worth more than the average amount.
We'll discuss that shortly.
How the Johnson & Johnson Baby Powder Settlement Is Calculated
Each Johnson & Johnson baby powder lawsuit is different. For this reason, the settlement administrator usually considers certain unique factors when making a settlement offer. While it may not be possible to provide the exact amount you or your loved one may be entitled to as compensation, the settlement administrator could consider factors such as:
- your age when you got injured;
- extent of damages suffered;
- strength of the lawsuit if it goes to trial; and
- amount of assets the defendant possesses to settle the claim.