Talcum Powder Ovarian Cancer Settlement Negotiations Set To Kick Off Sept. 4

Talcum Powder Ovarian Cancer Settlement Negotiations Set To Kick Off Sept 4

Representatives of Johnson & Johnson and counsel representing tens of thousands of individuals nationwide pursuing Baby Powder lawsuits and Shower-to-Shower lawsuits against the pharmaceutical giant, will meet in September to try to find a way to resolve the long-running litigation without the need of thousands of expensive and resource-consuming trials.

There are currently more than 90,000 women pursing talcum powder ovarian cancer claims nationwide, each raising similar allegations that Johnson & Johnson sold them talc the company knew could be contaminated with asbestos and lead to increased cancer risks, yet failed to warn women not to use the powder on their genitals, and, in fact, encouraged the practice.

The litigation began more than a decade ago, but Johnson & Johnson has spent years delaying the first federal cases from going to trial through repeated attempts to force a settlement through the U.S. bankruptcy courts, which federal judges have consistently rejected.

|
|

Following Johnson & Johnson’s third bankruptcy defeat earlier this year, the parties are now preparing a series of test trials to gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation, which is currently centralized before U.S. District Judge Michael Shipp in the District of New Jersey.

Hoping to reach a global deal to resolve ovarian cancer claims for thousands of women, some of whom have died from their cancer while waiting for the litigation to move forward, plaintiffs’ attorneys asked U.S. Magistrate Judge Rukhsanah L. Singh to appoint a talcum powder lawsuit settlement mediator to help facilitate negotiations, which she did on July 2.

Despite vowing to defend itself from the claims at trial, Johnson & Johnson did not oppose the measure.

In an order (PDF), issued on July 28, Magistrate Judge Singh scheduled an initial mediation session for September 4, 2025.

“The mediator, the PLNC (plaintiffs’ lead negotiating counsel), Defendants’ lead negotiation counsel, and a representative of Defendants with authority to bind Defendants in resolution shall attend the session in person. The parties shall comply with any directions given by the mediator in anticipation of the initial mediation session, including any witness submissions, conference calls, or the like.”

-Magistrate Judge Rukhsanah L. Singh, Order Appointing Plaintiffs’ Lead Negotiation Counsel

In response to concerns raised by several women pursuing claims, the Court issued another order last month indicating that lawyers appointed to negotiate on behalf of all plaintiffs must solicit the views of the women involved in the litigation regarding any talcum powder settlement, and make sure every plaintiff has an opportunity to set forth their respective positions on any proposed resolution.

If the settlement talks do not result in a global agreement, the Court is expected to move forward with a series of bellwether trials, starting with a talcum powder ovarian cancer lawsuit filed by Carter Judkins, whose claim will be used to help the parties guage how juries may respond to certain evidence and testimony that will be repeated throughout thousands of other lawsuits.

Although the outcome of this bellwether trial will not be binding on other plaintiffs, it will be closely watched by lawyers involved in the litigation. If the parties still fail to reach a resolution after the bellwether trials, the Court may need to begin remanding thousands of cases to federal courts nationwide for individual trials.


Written By: Irvin Jackson

Senior Legal Journalist & Contributing Editor

Irvin Jackson is a senior investigative reporter at AboutLawsuits.com with more than 30 years of experience covering mass tort litigation, environmental policy, and consumer safety. He previously served as Associate Editor at Inside the EPA and contributes original reporting on product liability lawsuits, regulatory failures, and nationwide litigation trends.




0 Comments


Share Your Comments

This field is hidden when viewing the form
I authorize the above comments be posted on this page
Post Comment
Weekly Digest Opt-In

Want your comments reviewed by a lawyer?

To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

This field is for validation purposes and should be left unchanged.

MORE TOP STORIES

A federal judge continues to urge Depo-Provera meningioma lawsuit attorneys to submit unfiled claims, warning they may interfere with settlement negotiations, and that holding back on cases could threaten their leadership positions in the litigation.
New testing has identified states with the highest levels of cancer-linked PFAS contamination in drinking water, following decades of unregulated use and disposal of firefighting foam and industrial chemicals by the U.S. military and other industries.