Johnson & Johnson has announced a proposed Talc Litigation Resolution to address remaining ovarian talc claims. The company reached an agreement with leading plaintiff firms involved in federal Multi-District Litigation (MDL). Moreover, the resolution depends on participation from at least 95% of remaining claims.
Proposed Resolution of Talc Lawsuits is made in the wake of the favorable court decision on the MDL. Court and plaintiffs’ attorneys agree that it is difficult to prove specific causation. It means proving that Johnson & Johnson’s talc caused one’s ovarian cancer.
According to Johnson & Johnson, this settlement will be useful in wrapping up more than 75,990 claims against it for ovarian talc. It will also lower costs associated with litigations in the future and enable the firm to invest in healthcare innovations.
“After decades of litigation and full vetting of the science in an extensive hearing, plaintiffs effectively conceded their inability to prove specific causation by withdrawing their experts on the topic in two bellwether cases. In a watershed moment, the Court thereafter ordered plaintiffs to show why the remaining claims should not be dismissed, confirming what we have maintained for years: that these claims lack scientific merit and were sustained only by unreliable expert opinions that could not survive rigorous judicial review,” said Erik Haas, Worldwide Vice President of Litigation, Johnson & Johnson. “The Court’s order placed plaintiffs in an untenable position of having to present specific causation evidence to maintain their claims that does not exist. While we are confident the Company would have ultimately prevailed with further litigation, as it has in the vast majority of cases tried to date, this resolution allows the Company to put this matter behind it and remain focused on its mission to develop medicines and devices that save lives.”
Settlement Terms and Continued Focus on Talc Safety
In the recent MDL court ruling, the corporation stated that the plaintiffs had withdrawn their experts in two bellwether cases. These experts would have testified to causation in support of their claims. Moreover, the court ordered the plaintiffs to give an explanation as to why their claims should not be dismissed. The company stated that the ruling is consistent with its position on the science behind the claims. The corporation stated that it has succeeded in its defense in most of the cases that went to trial.
According to the deal, the company will put in $5.5 billion for the settlement. This will begin with an amount that should not go beyond $3 billion within 2027. It is important to note that there will not be any more payments before 2028. In addition, this deal is based on past deals regarding talc settlements. These included mesothelioma claims, consumer cases, and supplier cases.
At the same time, the company emphasizes research proving that the use of cosmetic talc poses no danger. The company reports that studies and independent medical research have proven that its stance regarding the safety of talc. The absence of asbestos in talc is valid. In 2023, the company stopped using talc in the JOHNSON’S® Baby Powder line of products worldwide. In addition, the company has spun off its consumer health division known as Kenvue in August 2023.
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News Source: Businesswire.com
