J&J settles first talc cases to go to trial after failed bankruptcies

Johnson & Johnson faces more than 50,000 lawsuits over talcum powder, most by women with ovarian cancer. It has said that its talc products are safe and do not contain asbestos. PHOTO: AFP

NEW YORK – Johnson & Johnson on Thursday said it had settled two lawsuits claiming its talcum powder products caused cancer, the first such cases to go to trial since a federal court rejected the company’s plan to move its talc liabilities into bankruptcy court.

The settlements resolved lawsuits brought by two men, Mr Rosalino Reyes and Mr Marlin Eagles, who said they developed mesothelioma related to asbestos in J&J talcum powder, and were part of a broader deal to settle all talc cases brought by the law firm representing them, Kazan, McClain, Satterley & Greenwood, the company said. Mr Reyes’ family continued his lawsuit after he died in 2020.

The company faces more than 50,000 lawsuits over talcum powder, most by women with ovarian cancer. It has said that its talc products are safe and do not contain asbestos.

J&J and the plaintiffs’ lawyers did not disclose any terms of the settlement, or how many cases it covered. Mr Reyes’ trial had begun last week, while Mr Eagles’ was about to begin, with a jury chosen.

“The Eagles and the Reyes families express thanks to the jurors and courtroom personnel who participated in the trial,” Mr Joseph Satterley and Ms Denyse Clancy, attorneys for the plaintiffs, said in a joint statement.

J&J said in a statement: “Our negotiations continue with the remaining firms who have a shared interest in achieving a fair and expedient resolution of their clients’ talc claims...

“For those firms who elect not to pursue reasoned resolutions, we will continue to aggressively litigate their claims in the tort system, where we have prevailed in the overwhelming majority of the cases tried because the claims are meritless and are based upon junk science.”

Trials in the cases have a mixed record, with major plaintiff wins including a US$2.1 billion (S$2.8 billion) judgment awarded to 22 women with ovarian cancer. A New Jersey appeals court in October threw out a US$223.7 million verdict against the company, finding the testimony of the plaintiffs’ expert witnesses unsound.

The company has stopped selling talc-based baby powder in favour of cornstarch-based products, citing an increase in lawsuits and “misinformation” about the talcum product’s safety.

The settlement comes after J&J failed for a second time in July to move tens of thousands of claims over talcum powder into bankruptcy court, where it hoped to resolve them through a proposed US$8.9 billion settlement. It is appealing that ruling.

Trials had mostly been on hold while J&J petitioned the bankruptcy court, but have now been able to resume. REUTERS

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