PHARMACEUTICAL giant Johnson& Johnson (J&J) has committed to pay out US$5.5bn to thousands of plaintiffs that have alleged the company’s baby talcum powder products cause ovarian cancer.
Despite staunch denial that its products are linked to the disease, J&J has committed to compensating around 76,000 claims, which it hopes will bring an end to the lengthy litigation, which first began as early as 2009.
The company has recently settled similar cases where claimants have said its talc products contain asbestos and caused mesothelioma, which it also denies.
J&J has seized its recent court wins, which includes a federal judge casting doubt on individual plaintiff's ability to prove that the talc products caused cancer.
The company has since called the claims scientifically “meritless” and only relying on “unreliable expert opinions that could not survive rigorous judicial review”.
Erik Haas, the worldwide vice president of litigation, said: “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”.
While J&J has been successful in its recent cases, its history with the cancer case is mixed, having previously lost an individual case in 2018 to 22 women which resulted in a US$4.7bn pay out.
According to the lawyers representing around 2,500 claims, said that by the end of the litigation, J&J could be paying more than US$7bn in compensation.
J&J said that around US$3bn will be paid to claimants by 2027, with more after 2028. For the deal to go through, 95% of claimants must agree to the settlement in federal court.
Catch up on the latest news, views and jobs from The Chemical Engineer. Below are the four latest issues. View a wider selection of the archive from within the Magazine section of this site.