Many Ovarian Cancer Plaintiffs May Die Waiting For The Court Cases To Proceed
Johnson & Johnson may appeal the Texas Two-Step bankruptcy scheme to the Supreme Court and cause a further delay for talcum powder cancer trials to resume or begin
Monday, February 13, 2023 - Now that Johnson & Johnson's bid to spin off more than 38,000 talcum powder lawsuits into a separate bankrupt company has failed, plaintiffs wonder what is to become of their talcum powder cancer lawsuits. Women with ovarian cancer and men and women with mesothelioma allege that using Johnson's Baby Powder for feminine hygiene caused them to develop ovarian cancer. Ovarian cancer is particularly deadly because it is usually not diagnosed as such until the disease has progressed to its later stages and affected other parts of the body. When ovarian cancer spreads it becomes difficult to target and treat leading to a five-year survival rate of only about 49% according to data from 2021 reported by the American Cancer Society. This is not just an idle statistic for Johnson's Baby Powder cancer plaintiffs because many have died waiting for trial. In 2018, 22 women with ovarian cancer sued Johnson & Johnson and were awarded $4.2 billion. Seven of the twenty-two plaintiffs died while the decision was under appeal. 38,000 lawsuits have been delayed more than a year due to a New Jersey bankruptcy judge originally allowing J & J talcum powder subsidiary LTL Management to file bankruptcy, a decision that was reversed two weeks ago. The company will more than likely seek to further stall the lawsuits while they appeal the reversal of their bankruptcy to the US Supreme Court. Waiting for the Supreme Court to hear and rule on the landmark Texas Two-Step bankruptcy scheme could further delay talcum powder ovarian cancer plaintiffs getting their day in court. Sadly, thousands of women with talcum powder ovarian cancer will die in that time given the lethal nature of late-stage ovarian cancer. The issue of whether or not an otherwise profitable company can spin off the legal liabilities stemming from one of its products is a high priority to be decided upon by the legal system. 3M recently followed Johnson & Johnson's lead and placed its Aearo Technologies earplug manufacturing subsidiary into bankruptcy along with thousands of 3M Combat Army Earplug lawsuits. "3M Co. faces more than 230,000 lawsuits accusing it of selling defective earplugs that caused hearing loss for U.S. military members," according to Reuters. Hundreds of thousands of US service members have returned home from the conflicts in Iraq, Afghanistan, and elsewhere with serious hearing loss and tinnitus allegedly caused by the earplugs failing to fit and seal out damaging noises.
Diagnosing ovarian cancer early is critical to treating the disease. Early symptoms of ovarian cancer can be masked by the normal discomfort of a woman's monthly menstruation. According to the ACS, women should suspect ovarian cancer is the experience of "bloating, pelvic or abdominal pain, difficulty eating or feeling full quickly, and urinary symptoms such as urgency or frequency." If you or a loved one has used talcum powder for an extended time of more than one year regularly for feminine hygiene, and have any of these symptoms, you should seek medical attention immediately. If you receive an ovarian cancer diagnosis, you may qualify for lump-sum monetary compensation by filing a talcum powder lawsuit.