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.”

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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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.

8 Comments

  • DarleneFebruary 5, 2025 at 7:55 pm

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

  • JewellFebruary 5, 2025 at 5:05 pm

    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

  • CarmenFebruary 5, 2025 at 2:03 am

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

  • AngelaFebruary 4, 2025 at 1:28 pm

    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.

  • JaniceFebruary 4, 2025 at 6:57 am

    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 .

  • DennisFebruary 4, 2025 at 4:11 am

    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 bei[Show More]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!

  • KevinFebruary 1, 2025 at 8:00 am

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

  • Beverly AJanuary 31, 2025 at 2:53 am

    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.

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