Gloria Ristesund v. Johnson & Johnson et. al. (2016)

A Missouri jury awarded the plaintiff $55 million in damages after she contracted ovarian cancer. The plaintiff had used Johnson and Johnson’s Shower to Shower Powder and Baby Powder on her pelvic area for decades. The plaintiff needed a hysterectomy as well as other surgeries. She received $5 million in compensatory damages for her expenses and $50 million for punitive damages.

Johnson & Johnson appealed this verdict successfully in June 2018. The appeals court reversed the verdict based on a 2017 Supreme Court ruling regarding the legality of state courts to rule on cases that originated in other states. The plaintiff in this case was not from Missouri and her injuries did not take place in Missouri. The decision is still a milestone in talcum powder lawsuits, however, because the reversal did not reverse the case because the talcum powder did not cause her cancer.

The State of Talcum Powder Lawsuits in 2020

Currently, plaintiffs have filed over 17,000 talcum powder lawsuits. These lawsuits have been consolidated via multidistrict litigation (MDL). The largest verdict amount in a talcum powder lawsuit came from a Los Angeles Jury in August 2017. Six different talcum powder verdicts have come from Missouri Courts. Six of these verdicts from juries have favored the plaintiff, with five other awards totaling over $724 million.

Johnson & Johnson is Appealing a 4.7 Billion Verdict

A Missouri jury awarded $213.2 million in damages per person in a lawsuit involving 22 women. These women all used talc products from Johnson & Johnson that were contaminated with asbestos. The company has appealed the verdict, claiming that 17 of the women in the lawsuit do not live in Missouri. Once again, they cited a 2017 Supreme Court ruling that holds that limits the ability of courts to rule on cases brought by plaintiffs who live out of state.

Last week, in June 2020, an appeals court in Missouri refused to toss out the jury verdict. Instead, the appeals court ruled to reduce the total payout for the lawsuit to $2.1 billion. The judges cut the punitive damages award to 1.6 billion to 4 billion. Importantly, the appeals court upheld the award of $500 million in actual damages.

This is an important precedent for new plaintiffs who want to join lawsuits involving talcum powder. The appeals court upheld the jury’s finding that Johnson & Johnson’s products caused the plaintiff’s ovarian cancer and mesothelioma. By mainly upholding the jury’s award of damages, the appeals court upheld the jury’s decision that Johnson & Johnson has “significant reprehensibility” in the way that it handled the issue of dangerous asbestos in its products.

four people around a table

Johnson & Johnson is Now Settling Some Talcum Powder Lawsuits

Until recently, Johnson & Johnson has not settled talcum powder lawsuits. The company changed this precedent by settling three notable talcum powder lawsuits in 2019. Some legal scholars have suggested that their move to settle more talcum powder lawsuits could indicate that their overall approach is changing.

Johnson & Johnson settled one of their cases at the final hour when the jury had been deliberating for three hours. In another case, the jury deliberated for two days before the company and the 36-year-old plaintiff came to a confidential settlement agreement. The third settlement happened before the trial began.

The plaintiff in this case had a pre-trial victor after a judge allowed her to include an expert witness that linked mesothelioma with the use of talcum powder. This expert witness was prepared to testify that he found evidence of talcum powder in the woman’s fallopian and ovarian tissue.

Talcum powder:

This timeline includes the latest progress for the Talcum Powder Mass Tort case, feel free to check back for more updates.

February 19, 2025

Critical Talcum Powder Bankruptcy Trial Begins

This week marks the start of a crucial trial in Texas to decide the future of Johnson & Johnson's third talcum powder bankruptcy. The two-week trial, led by U.S. Bankruptcy Judge Christopher Lopez, will feature up to 40 witnesses and focus on claims that the Chapter 11 filing was made in bad faith and that voting irregularities impacted the approval of a $10 billion settlement plan.

Despite the extensive proceedings, there's a strong chance Judge Lopez has already formed his opinion. This case boils down to a philosophical question: either you're in favor of this approach, or you're not.

Plaintiffs' lawyers are divided. Some oppose the bankruptcy, arguing that client votes were changed after new compensation terms were negotiated. Others, frustrated by years of litigation without client payouts, believe it's time to settle. Our take? Both sides raise valid points, but the bankruptcy itself is a flawed move.

February 4, 2025

Talcum Powder MDL at Standstill

The talcum powder MDL has stalled, with only one new case added in January and just four in December. The total number of pending cases now stands at 58,206. The bankruptcy is currently holding things up as we approach a key hearing in two weeks.

January 28, 2025

Settlement Holdouts

Some plaintiffs are resisting the $8 billion settlement, arguing it unfairly denies victims the chance to pursue claims in court. They challenge J&J’s claim that over 80% of claimants support the settlement.

The plan involves J&J’s bankrupt subsidiary, Red River Talc, creating a trust to compensate victims based on specific criteria, halting all related lawsuits. The holdouts, known as the Coalition of Counsel for Justice, argue the plan lacks evidence that the funds are sufficient, doesn’t meet bankruptcy standards for asbestos-related cases, and has flaws in the voting process. J&J insists the settlement offers more compensation than trials would and accuses opponents of acting out of financial self-interest.

We’ll have more clarity next month when the situation reaches a critical point.

Contact Our Experienced Lawyers Today

If you or your loved one has developed mesothelioma or ovarian cancer after using talcum powder, you may be entitled to compensation. At Heninger Garrison Davis, our lawyers have extensive experience representing clients in class action lawsuits. Contact our personal injury law firm today to schedule your initial consultation today.

Banner media
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials
Doctor credentials

Ready to take the first step?

Our team of esteemed, dedicated attorneys is waiting to speak with you and support you on your journey toward a successful outcome.

Contact Us
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (659) 222-4880.
Contact Us