Johnson & Johnson (J&J) agreed to pay an estimated $5.5 billion to settle tens of thousands of lawsuits that claimed its baby powder and other talc-based products caused ovarian cancer. The agreement could bring an end to one of the biggest and longest-running legal battles in the healthcare company’s history, reported Reuters.
The proposed settlement covers about 76,000 existing ovarian cancer claims filed in state and federal courts across the United States. It comes after years of courtroom battles, multiple bankruptcy attempts and conflicting legal rulings over whether J&J’s talc products caused cancer.
Although the company agreed to the settlement, it claimed that the allegations lack merit and it decided to resolve the cases to finally close the dispute.
What does $5.5 billion settlement include?
Under the agreement, Johnson & Johnson will resolve nearly all of the remaining lawsuits that accuse its talc-based products of causing ovarian cancer.
The settlement includes claims consolidated in federal court in New Jersey as well as related lawsuits filed in state courts. According to the company, the agreement will only become final if 95% of eligible ovarian cancer claimants accept its terms, reported Reuters.
J&J said it expects to pay $3 billion in 2027, with additional payments scheduled for 2028. However, the final amount could rise depending on how many people join the settlement.
Chris Seeger, one of the attorneys who helped negotiate the agreement and represents about 2,500 claimants, said the company’s total payout could eventually exceed $7 billion because the settlement does not place a cap on the total compensation.
“We got a fair settlement, and our clients are going to be happy with it,” Seeger said, as reported by Reuters.
Unlike Johnson & Johnson’s earlier bankruptcy proposals, the latest agreement applies only to people who have already filed lawsuits. It does not cover future claims.
According to Seeger, excluding future lawsuits allows more money to go to current claimants and speeds up compensation. Eligible plaintiffs could receive payments within 18 months, instead of waiting more than a decade under previous proposals, reported Reuters.
Why did Johnson & Johnson decide to settle now?
The settlement follows a series of legal victories for Johnson & Johnson in recent months.Last week, a federal judge questioned whether individual plaintiffs could prove that talc specifically caused their ovarian cancer. The company had also secured favourable outcomes in several individual trials and succeeded in challenging some of the expert testimony used by plaintiffs, reported Reuters.
Despite those courtroom wins, J&J chose to settle rather than continue years of litigation.
Erik Haas, the company’s Vice President of Litigation, said the claims lacked merit but added that reaching an agreement would allow the company to move forward. “While we are confident the company would have ultimately prevailed with further litigation, as it has in the vast majority of cases tried to date, this resolution allows the company to put this matter behind it and remain focused on its mission to develop medicines and devices that save lives,” Haas said, as reported by Reuters.
Johnson & Johnson has consistently denied that its talc products caused cancer or contained asbestos. The company stopped selling talc-based baby powder in the United States in 2020 and replaced it with a cornstarch-based product, reported Reuters.
J&J previously tried to resolve the lawsuits through a legal strategy commonly known as the “Texas two-step,” which involved placing the liabilities into a subsidiary that later filed for bankruptcy. Courts dismissed each of those bankruptcy filings, allowing the lawsuits to continue.
Before those bankruptcy efforts, Johnson & Johnson won several trials but also faced major verdicts against it, including a multibillion-dollar award to 22 women who claimed the company’s baby powder caused their ovarian cancer, reported Reuters.
Written by Dimple Singh
Source: Financial Express







