J&J hit with new class action over talc seeking medical monitoring for
cancer
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[June 19, 2024]
By Brendan Pierson
(Reuters) - Johnson & Johnson is facing a new proposed class action
seeking damages and medical monitoring on behalf of women who have been
diagnosed with cancer, or might develop it in the future, allegedly as a
result of using the company's baby powder and other talc products.
The lawsuit, filed on Monday in New Jersey federal court, is the first
to seek medical monitoring, or regular testing meant to catch cancer
early, on behalf of talc users. The proposed class could include
thousands of women, but would not include the more than 61,000 people
who have already filed personal injury lawsuits over J&J's talc,
claiming it contains cancer-causing asbestos.
J&J maintains its talc is safe, asbestos-free and does not cause cancer.
The law firms behind the new case are opposed to J&J's proposal to
settle nearly all talc claims against it for $6.48 billion through a
prepackaged bankruptcy. The same firms are also pursuing a separate
class action seeking a court order blocking the bankruptcy.
The bankruptcy proposal needs support from 75% of talc claimants, with a
three-month voting period ending on July 26.
Erik Haas, J&J's worldwide vice president of litigation, said in a
statement that plaintiffs' lawyers brought Monday's "meritless" lawsuit
to thwart the bankruptcy plan because they can collect more fees outside
of bankruptcy, putting their own interests ahead of their clients.
"The plaintiff firms should cease the obstructionist behavior, and let
their clients decide for themselves whether to accept the pending
offer," he said.
Lawyers opposed to the deal have denied that they are motivated by
higher fees and said the bankruptcy proposal would not adequately
compensate their clients.
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![](../images/061924PIX/health94.jpg)
Bottles of Johnson & Johnson baby powder line a drugstore shelf in
New York October 15, 2015. REUTERS/Lucas Jackson/File Photo
![](http://archives.lincolndailynews.com/2024/Jun/19/images/ads/current/fcs_funeral_lda_border_04029022.png) Chris Tisi, one of the lawyers
bringing the new lawsuit, said in a statement that medical
monitoring was necessary because the "inadequate funding" of the
bankruptcy plan "doesn't realistically address the needs of women
who could develop ovarian cancer in the future because of past baby
powder use."
Both the proposed settlement and the new class action concern claims
that talc caused ovarian and other gynecological cancers, which make
up the vast majority of cases. A smaller number of claims have been
brought by people who developed mesothelioma, most of which have
settled.
J&J has already tried and failed twice to resolve current and future
talc claims through bankruptcy.
The legal strategy, known as a Texas two-step, involves creating a
subsidiary to absorb the company's talc liability, which then
declares bankruptcy to settle the cases. The previous efforts failed
because courts found that the new subsidiary lacked the "financial
distress" to justify bankruptcy.
(Reporting By Brendan Pierson in New York, Editing by Alexia
Garamfalvi and Bill Berkrot)
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