Judge Urged To Reject J&J’s 3rd Talcum Powder Lawsuit Bankruptcy Deal

Several U.S. agencies and attorneys representing claimants pursuing talcum powder cancer lawsuits have raised objections, claiming that the bankruptcy was filed in “bad faith.”

Judge Urged To Reject J&J's 3rd Talcum Powder Lawsuit Bankruptcy Deal
Irvin Jackson

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A Texas bankruptcy judge heard oral arguments this week over whether to approve a controversial $8 billion settlement offer to resolve all talcum powder cancer lawsuits filed against Johnson & Johnson.

The cosmetics and medical manufacturer faces about 62,000 Baby Powder lawsuits and Shower-to-Shower lawsuits brought by women nationwide, who say they developed ovarian cancer and other injuries following years of using Johnson & Johnson’s talc-based products on their genitals.

The litigation began in 2016, after the publication of studies that linked genital talcum powder exposure to increased risks of ovarian cancer, and juries have ordered Johnson & Johnson to pay billions in damages for failing to provide adequate warnings to consumers.

Talcum Powder Cancer Lawsuit Bankruptcy Filings

Rather than attempting to negotiate individual talcum powder settlements with women diagnosed with ovarian cancer, Johnson & Johnson has repeatedly tried to force the litigation into the U.S. bankruptcy system, but transferring all the liability it faces for failing to warn consumers about the risks associated with talc products into a subsidiary, which then declares bankruptcy.

This maneuver, often referred to as the “Texas two-step”, has twice been rejected by federal judges, who found that the company did not face a level of financial distress that came anywhere near requiring a bankruptcy to address.

Last September, after proposing an $8 billion talcum powder settlement offer, which it claimed has the approval of more than 75% of claimants, Johnson & Johnson once again proposed resolving the claims through a bankruptcy filing, to prevent any further litigation being pursued in the future.

The manufacturer created a new subsidiary, known as Red River Talc LLC and transferred all liabilities it faced for failing to warn about the talcum powder cancer risks to this new entity, which then filed for Chapter 11 protection in U.S. Bankruptcy Court for the Southern District of Texas. Amid questions about the number of claimants that actually support the deal, the manufacturer has increased the total amount of the settlement offer to $9 billion, but continues to face sharp opposition from a number of plaintiffs’ lawyers and different U.S. agencies that have a stake in the litigation.

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Talcum Powder Lawsuits

Talcum powder or talc powder may cause women to develop ovarian cancer.

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Learn More About

Talcum Powder Lawsuits

Talcum powder or talc powder may cause women to develop ovarian cancer.

Learn More
SEE IF YOU QUALIFY FOR COMPENSATION

In October 2024, Kevin Epstein, the United States Department of Justice (DOJ) Trustee representing the Texas region, filed a motion to dismiss the latest talcum powder lawsuit bankruptcy filing, indicating it is clearly a “bad faith” use of the bankruptcy system.

On Monday, arguments against the bankruptcy settlement deal were heard by U.S. Bankruptcy Judge Christopher Lopez. During the hearing, Judge Lopez received objections from the Department of Health and Human Services, and the Department of Veterans Affairs.

Both agencies claim approval of the bankruptcy deal will mean they will not be reimbursed for healthcare provided to plaintiffs through programs such as Medicaid and Medicare. In addition, plaintiffs’ attorneys also called on Judge Lopez to reject the plan, so that they can pursue their own cases separately.

Johnson & Johnson is expected to respond to the objections next month. It is unclear when Judge Lopez will render a final decision.

Tags: Asbestos, Baby Powder, Bankruptcy, Cancer, Johnson & Johnson, Ovarian Cancer, Shower to Shower, Talcum Powder
Image Credit: Shutterstock: Skorzewiak

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11 Comments

  1. Beverly A

    Voted yes to go through. Happy not to have to pay reimbursement to the government. We paid for insurance for years and it served us well. I do not want to have to pay the government for our suffering and what we have been through. Let the plan go through.

  2. Kevin

    My mother died of ovarian cancer
    My name Kevin Rhone. My mother name Betty j Rhone. I would like to get this over with .

  3. Dennis

    J&J should be held accountable for the deaths or the death sentence they have bestowed upon those thousands (or really more like millions, if you take a look at the younger generation that they’re parents used talc powder on them as babies. Take a real look at how many young women that can’t have children bc of their products) of women! How much is a person’s life worth? My wife is gone, never being able to have children, never being able to be a mother, and J&J took that from her. And then after being proven to be at fault to sit back and just brush it under the carpet like it is nothing. I think they should pay heavily for their mistakes and for the lives they have impacted from their negligence and to be made by the Court system to end this torture they are bestowing upon all of these innocent people. What else has J&J produced that will kill the next generation of women? Did you ever think about what it has done to the baby population in the last 15 years? Maybe it’s time to research that!

  4. Janice

    My mother also passed away from ovarian cancer she kept the whole family together. every since her passing everything been going wrong, it was something about her smile, her laughing and I’m sickly she will always sit in the hospital with me till morning tonight .

  5. Angela

    My mother died from ovarian cancer in 2019. The government did notcover no treatment for her cancer. She never got a chance to be treated. So no I want all my money. Let those who reject the plan pursue their own cases. But give those who agree to the settlement the money.

  6. Carmen

    I voted for the settlement of this matter. It’s already been too many years, please approve this so we can move on.

  7. Jewell

    To had voted yes for this plan would be ridiculous what is being offered is no punishment to a corporation that sold death in a bottle I watched a love one die whom I loved very much if a your loved one has passed why wouldn’t you exercise your right to get some type of Justice for them this comments sound paid for

  8. Darlene

    My mom too died of ovarian. Cancer, please please approve this. Let the government start their own case stop piggybacking on us!!!!

  9. Aisiah

    I was diagnosed with ovary cancer in 2017. I had a total hysterectomy July 2018. I just want it over with.

  10. Tiffany

    I presently have stage 4 ovarian serous carcinoma ( diagnosed at 37) and will be on chemo meds for the rest of my life . I will never have children , every ache , pain , tremor etc will always trigger thoughts of “is this the beginning of the end ?” The stress my husband feels watching me struggle day to day is unexplainable. The fear my parents had ( before they passed ) of the possibility of losing a child .Please hold this multi-billion dollar company accountable . To those rushing for a check … there are more important things in life than money . Right is right and wrong is wrong . Companies should not be able to profit limitlessly from other people pain and despair . This company has gained billions from its customers with not one care of the damage they have caused . They need to attempt to “make things right “
    I said what I said .

  11. Lou

    Think of it this way if I owned a deli and I knowingly used an ingredient that I knew was poison and that would cause cancer but I continue to use it without warning. Any patron And you had a family member that ate there every week and after a while they got extremely ill and developed cancer from that ingredient that I used they suffered and died a miserable death. And in the end I got caught using this ingredient. Do you think my punishment should just be paying $75 to $100,000 for this crime? Open your eyes people. This is criminal for this company. Worth hundreds of billions of dollars to get away with this. The correct answer is there isn’t a dollar number you could put on human life, but there is a number that is insulting and that is the offer that stands before us.

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