Today marks a monumental day as OnderLaw announces the successful resolution of tens of thousands of Johnson & Johnson talc-related gynecologic cancer and mesothelioma claims. J&J will create an $8.9 billion bankruptcy trust, paying out approximately $12.08 billion over time to compensate both current and future victims of talc-related gynecologic cancers and mesothelioma.
“For more than a decade, we have stood with hard-working Americans against J&J, one of the most powerful corporations in the world. This has not been an easy fight. Through the years, while we’ve been on the legal battlefield, many of our clients have been fighting for their lives, medical bills forced victims to lose their homes and savings, and far too many families have lost mothers, wives, husbands and fathers to gynecologic cancers and mesothelioma caused by J&J’s talc,” said Jim Onder, managing partner of OnderLaw, who filed the second talc-related cancer lawsuit in the country in 2014. “This victory is bittersweet, but it is a victory, indeed,” he added.
An estimated 70,000 plaintiffs have filed claims against the baby powder manufacturer after studies linked talc to ovarian and other gynecologic cancers, as well as to mesothelioma. In the decade since talc litigation began, J&J’s own records and a Reuters investigation revealed that not only did J&J know of the dangers, but they went to considerable effort to hide talc risks from unsuspecting consumers.
Onder and his St. Louis-based practice have been at the forefront of the battle. “This is an incredible milestone, and we could not have achieved it without the unwavering support and perseverance of the brave individuals and families who stood with us to demand change and accountability.”
J&J filed a controversial bankruptcy referred to as a Texas Two-Step in 2021, shifting their talc liability into an entity called LTL Management. Last month, their bankruptcy bid was rejected by the Third Circuit Court of Appeals. Under this new agreement, however, J&J will file a new and second bankruptcy with the support of over 75% of all claimants nationwide. Payment grids and criteria are still being finalized. Once approved, J&J has committed to paying all current claimants within one year.
Because these cancers can take years to develop after exposure, the trust also establishes a pathway for those who are diagnosed in the future to avoid years of litigation and receive compensation directly.
In addition, even more importantly according to Onder, J&J has agreed to remove talc from store shelves worldwide, eliminating a deadly cancer risk for millions of people.
“No amount of money can truly compensate for the pain and suffering that our clients and their loved ones have endured, but I hope this plan brings closure and peace. They have waited far too long for resolution,” said Onder. “Together, however, we have made a difference, and for that I am honored and proud.”
