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Johnson & Johnson has proposed a $5.5 billion settlement to resolve approximately 76,000 lawsuits alleging that its talcum powder products caused ovarian cancer. The company announced the settlement on Monday (July 27), which aims to conclude a decade-long legal battle. The agreement requires approval and participation from 95% of the remaining claimants in state or federal court.
J&J's vice president of litigation, Erik Haas, stated that the company believes the claims are "meritless" but is willing to settle to move forward. "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," Haas said, as reported by WTVBAM.
The settlement comes after J&J experienced several courtroom victories, including rulings that questioned the ability of plaintiffs to prove that talc specifically caused their cancer. Despite these wins, J&J decided to settle to avoid prolonged litigation. The company had previously attempted to resolve the claims through a strategy known as the "Texas two-step," which involved filing bankruptcies through a subsidiary, but these attempts were dismissed.
The proposed settlement, which is expected to be paid out in installments, could potentially exceed $7 billion, depending on the number of participants. Chris Seeger, an attorney representing about 2,500 clients, confirmed the deal, saying, "We got a fair settlement, and our clients are going to be happy with it," according to The Wall Street Journal.
Johnson & Johnson has consistently denied that its talc products contain asbestos or cause cancer, maintaining that the products are safe. The company stopped selling talc-based baby powder in the U.S. in 2020, switching to a cornstarch-based product. The settlement does not address future lawsuits, focusing solely on existing claims.