Talcum Powder Injury Lawyers Appointed To Negotiate Settlements With J&J

Although Johnson & Johnson has suggested that negotiations to settle talcum powder ovarian cancer lawsuits are premature and unlikely to succeed, lawyers have been appointed to participate in court-ordered mediation efforts.

The U.S. District Judge presiding over all talcum powder lawsuits has appointed a lead negotiator to represent plaintiffs in settlement talks, as well as two other lawyers to serve on a negotiation committee, as part of an attempt to resolve tens of thousands of claims being pursued against Johnson & Johnson by women diagnosed with ovarian cancer and other injuries.

Johnson & Johnson faces more than 90,000 Baby Powder lawsuits and Shower-to-Shower lawsuits, each raising claims that the talc was contaminated with asbestos that caused reproductive cancers when regularly applied to the genital area.

Due to the similar allegations across thousands of cases, all federal talcum powder cancer lawsuits have been consolidated into a multidistrict litigation (MDL) in the District of New Jersey, where U.S. District Judge Matthew Shipp is overseeing pretrial proceedings and preparations for bellwether trials.

Although the first talcum powder cancer lawsuits were filed over a decade ago, Johnson & Johnson has spent years trying to delay the litigation by pushing the cases into bankruptcy court. The company has failed three times to force any settlement through the U.S. bankruptcy process, with judges rejecting the moves as bad-faith attempts to limit payouts, despite Johnson & Johnson’s ability to fully compensate victims.

Earlier this month, the U.S. Magistrate Judge Rukhsanah L. Singh granted a request by plaintiffs to appoint a mediator to help facilitate talcum powder injury lawsuit settlement negotiations, despite claims by Johnson & Johnson that it intends to fight the remaining litigation. He also made it clear the parties were expected to negotiate in good faith.

On Monday, Magistrate Judge Singh issued a court order (PDF) appointing Christopher A. Seeger of Seeger Weiss LLP as the Plaintiffs’ Lead Negotiation Counsel (PLNC), as well as two other plaintiffs attorneys who will serve on a negotiation committee.

Defendants did not object to the appointment and announced they have selected Jim Murdica of Barnes & Thornberg LLP as the defendants’ lead settlement counsel.

Seeger’s duties will include leading discussions and negotiations on behalf of plaintiffs, attending all mediation and settlement conferences, coordinating with plaintiffs’ leadership and communicating with the court on the progress of negotiations.

Although a number of other lawyers sought to serve as lead negotiator or on the Plaintiffs Negotiation Committee (PNC), Judge Singh determined that a small group was sufficient to facilitate the settlement talks. The PNC will be responsible for coordinating with Seeger, providing him with historical background, strategizing over negotiations, and keeping plaintiffs informed on the status of negotiations.

Despite years of delays, and some plaintiffs dying of cancer while they waited for the litigation to be resolved, Johnson & Johnson attorneys have indicated they believe mediation efforts are premature and unlikely to succeed at this stage in the litigation. However, the court determined that such talks are necessary before the first federal claims go to trial.

If no settlement is reached, the parties are expected to move forward with a series of bellwether trials designed to observe how juries are likely to respond to evidence and testimony that would be repeated in tens of thousands of similar claims.

Although the outcomes are not binding, they often influence settlement negotiations and may predict the average talcum powder lawsuit payouts Johnson & Johnson may be hit with in other claims. If no agreement is reached following the bellwether process, the court may begin remanding thousands of individual cases to U.S. District Courts nationwide for individual trials over the next few years.