Companies Face Bankruptcy or Subpoenas over Tainted Talc Claims

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Johnson & Johnson’s leading talc supplier has filed for bankruptcy following billions of dollars in lawsuit verdicts over tainted talc. And Johnson & Johnson has revealed it’s been subpoenaed by federal regulators amid reports it knew about asbestos in its talc for decades but hid the fact from the government and consumers.

Thousands of lawsuits claim asbestos in talc products caused ovarian cancer or mesothelioma. Imerys Talc America is named alongside Johnson & Johnson and other talcum powder manufacturers in roughly 15,000 lawsuits.

Juries have returned eight verdicts totaling nearly $5.6 billion in damages against Johnson & Johnson.  That includes a single $4.69 billion Missouri court award to 22 women in July 2018. Both Johnson & Johnson and Imerys were originally named in that case. But Imerys reached an undisclosed settlement before the case went to trial. Johnson & Johnson is appealing the verdict.

Talc Verdicts in Johnson & Johnson, Imerys Cases

DATE

TOTAL AMOUNT J&J SHARE

IMERYS SHARE

Feb. 22, 2016 $72 million $72 million None (Defense verdict for Imerys)
May 2, 2016 $55 million $55 million None (Defense verdict for Imerys)
Oct. 27, 2016 $70 million $67.3 million $2.756 million
May 4, 2017 $115 million $110.4 million $104,000
Aug. 21, 2017 $417 million $417 million None (Imerys won a pretrial summary judgment)
Apr. 11, 2018 $117 million $80.6 million $36.4 million
May 24, 2018 $28 million $28 million None (Imerys won a pretrial summary judgment)
Jul. 12, 2018 $4.69 billion $4.69 billion None (Imerys reached a settlement before trial)

Source: Bloomberg, Dec. 21, 2018 and Imerys, Mar. 1, 2019

Both companies deny their products contain asbestos and insist they are completely safe. But news reports by Reuters in December 2018 detailed how Johnson & Johnson documents showed the company had been aware since at least 1972 that some of its talc products had tested positive for asbestos.

Asbestos and talc are sometimes found near each other in the ground. While untainted talc has long been considered safe, asbestos is the leading cause of mesothelioma, an aggressive and deadly cancer. And medical experts believe talc laced with asbestos can also cause ovarian cancer.

Imerys Talc Companies Seek Chapter 11 Bankruptcy over Talc Verdicts

Imerys Talc America and two of its North American subsidiaries, Imerys Talc Vermont and Imerys Talc Canada, filed for Chapter 11 bankruptcy protection on Feb. 13, 2019. Filing for Chapter 11 allows a company to reorganize its finances and can give debtors a fresh start.

Imerys is a French multinational mining company and is a major supplier of talc used in Johnson & Johnson products including Shower to Shower and Johnson’s Baby Powder. It employs more than 18,000 people at 270 sites in 50 countries. It reported more than $5.2 billion in revenue for 2017.

“[I]t is simply not in the best interests of our stakeholders to litigate these claims in perpetuity and incur millions of dollars in projected legal costs to defend these cases.”

In announcing its bankruptcy filing, the company cited mounting legal bills and past verdicts along with the possibility it could face more defense costs and losses in court over the next several years. The company also defended the safety of talc it supplies to customers and said the losses so far were unmerited.

“[I]t is simply not in the best interests of our stakeholders to litigate these claims in perpetuity and incur millions of dollars in projected legal costs to defend these cases,” the company said in a statement.

Johnson & Johnson Responds to Federal Subpoenas

In a Feb. 20, 2019 securities filing, Johnson & Johnson announced it had received subpoenas to produce documents related to reports of asbestos-tainted talc. The company reported it had received the subpoenas and preliminary inquiries from the U.S. Securities and Exchange Commission, The U.S. Department of Justice and U.S. Sen. Patty Murray, a Democrat from Washington and the ranking member of the Senate Health, Education, Labor and Pensions Committee.

“The Company is cooperating with these government inquiries and will be producing documents in response,” Johnson & Johnson wrote in the filing.

The subpoenas followed reports in late 2018 that Johnson & Johnson knew for decades that its talc products may contain asbestos but hid the information from the public.

On Dec. 14, 2018, both Reuters and The New York Times reported on thousands of court and government records each had acquired through Freedom of Information Act requests. The records included a treasure trove of internal Johnson & Johnson documents.

The Reuters report found Johnson & Johnson had failed to tell the U.S. Food and Drug Administration about three tests between 1972 and 1975 that had each shown the company’s talc contained asbestos. One of the tests reported the level was “rather high.”

The Reuters report also found test results as far back as 1957 that had warned of a type of asbestos in talc from an Italian supplier. Yet records from 1976 show the company told the FDA that it had never detected asbestos in any sample of its talc. This happened as the FDA was looking into limiting asbestos in cosmetics.

The Times investigation cited internal Johnson & Johnson memos dating back to 1971 that had urged the company to “upgrade” quality control of its talc products. Another memo warned that company powder sometimes contained what “might be classified as asbestos fiber.” Other company documents also detailed company efforts to pressure the FDA to block critical findings on asbestos in talc.

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What’s Next for Johnson & Johnson and Imerys?

Johnson & Johnson faces nearly three times as many court dates for talc lawsuits in 2019 than it did in 2018. Several of the trials involve multiple plaintiffs. And four of the lawsuits will be in the same St. Louis courtroom where the company lost the $4.69 million verdict in 2018.

Holly Froum, a Bloomberg Intelligence litigation analyst, has estimated it could cost Johnson & Johnson as much as $20 billion dollars to settle the existing cases. She calculates that would total more than $1.67 million per lawsuit. And University of Georgia law professor Elizabeth Burch warns if Johnson & Johnson loses more cases it may prompt more people to file suit, sending costs higher.

By declaring bankruptcy, Imerys can consolidate all of the lawsuits against it into a single forum. This could make it easier for the company to manage the cases against it and may lead to some type of settlement with the people who have filed suit.

Other companies haunted by asbestos in their products have taken this route, setting up trust funds that handle payouts to people who file claims over mesothelioma years after exposure. Airbag maker Takata created a similar trust fund to deal with lawsuits over millions of recalled airbags. Companies fund the trusts through stocks or other investment tools and settlements are paid out over a long period of time as claims are handled.

Johnson & Johnson has remained insistent that its talc is safe and the company is not at fault for cancer cases. Of the 15 cases since 2016, it had only won four at trial. Three more resulted in hung juries. But more than half the verdicts favored women who claimed the company’s talc caused their cancer. But Johnson & Johnson has appealed every verdict against it.

The company has faced billions of dollars in verdicts over its other products notably metal-on-metal hips and transvaginal mesh. In December 2018, Johnson & Johnson’s DePuy Orthopedics subsidiary entered talks to settle about 3,300 of the nearly 10,000 lawsuits it faces over Pinnacle metal-on-metal hips. The judge in the litigation said the company was talking with about 10 attorneys who each represented people in dozens of lawsuits. The strategy is similar to the one Johnson & Johnson used to settle transvaginal mesh lawsuits, but it’s not clear if the company may attempt the same thing with talc.

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Terry Turner
Written By Terry Turner Writer

Terry Turner has been writing articles and producing news broadcasts for more than 25 years. He covers FDA policy, proton pump inhibitors, and medical devices such as hernia mesh, IVC filters, and hip and knee implants. An Emmy-winning journalist, he has reported on health and medical policy issues before Congress, the FDA and other federal agencies. Some of his qualifications include:

  • American Medical Writers Association (AMWA) and The Alliance of Professional Health Advocates member
  • Centers for Disease Control and Prevention Health Literacy certificates
  • Original works published or cited in Washington Examiner, MedPage Today and The New York Times
  • Appeared as an expert panelist on hernia mesh lawsuits on the BBC
Edited By

17 Cited Research Articles

  1. Bellon, T. and Hals, T. (2019, February 13). Johnson & Johnson Supplier Seeks Bankruptcy Over Lawsuits. Reuters. Retrieved from https://www.reuters.com/article/us-imerys-bankruptcy/johnson-johnson-supplier-seeks-bankruptcy-over-talc-lawsuits-idUSKCN1Q22H7
  2. Feeley, J. and Fisk, M.C. (2018, December 21). J&J’s Risk from Tainted-Talc Lawsuits Only Gets Bigger in 2019. Bloomberg. Retrieved from https://www.bloomberg.com/news/articles/2018-12-21/j-j-s-tainted-talc-risk-expands-as-cancer-trials-triple-in-2019
  3. Girion, L. (2018, December 14). Johnson & Johnson Knew for Decades that Asbestos Lurked in Its Baby Powder. Reuters. Retrieved from https://www.reuters.com/investigates/special-report/johnsonandjohnson-cancer/
  4. Hsu, T. (2018, July 12). Johnson & Johnson Told to Pay $4.7 Billion in Baby Powder Lawsuit. The New York Times. Retrieved from https://www.nytimes.com/2018/07/12/business/johnson-johnson-talcum-powder.html
  5. Hsu, T. (2019, February 21). Johnson & Johnson Baby Powder at Issue as U.S. Subpoenas Company. The New York Times. Retrieved from https://www.nytimes.com/2019/02/21/business/johnson-johnson-baby-powder-talc.html
  6. Imerys Performance Additives. (n.d.). Who Are We? Part of Imerys; The World Leader in Mineral Specialties for Industry. Retrieved from https://www.imerys-performance-additives.com/about-us/who-are-we
  7. Imerys Talc America. (2019, February 13). Imerys Talc America and Related Companies File Voluntary Chapter 11 Petitions. News Release, CISION PR Newswire. https://www.prnewswire.com/news-releases/imerys-talc-america-and-related-companies-file-voluntary-chapter-11-petitions-300795151.html
  8. Imerys. (n.d.). Imerys Group. Retrieved from https://imerys-kaolin.com/americas/en/about-us/corporate/
  9. Kirkham, C. (2019, February 21). Johnson & Johnson Receives Federal Subpoenas Related to Baby Powder Litigation. Reuters. Retrieved from https://www.reuters.com/article/us-jnj-subpoenas/johnson-johnson-receives-federal-subpoenas-related-to-baby-powder-litigation-idUSKCN1QA0DQ
  10. Rabin, R. C. and Hsu, T. (2018, December 14). Johnson & Johnson Feared Baby Powder’s Possible Asbestos Link for Years. The New York Times. Retrieved from https://www.nytimes.com/2018/12/14/business/baby-powder-asbestos-johnson-johnson.html
  11. Sagonowsky, E. (2019, January 30). “Troubled” about Talc Headlines, Senator Demands Asbestos Info from J&J CEO. FiercePharma. Retrieved from https://www.fiercepharma.com/pharma/troubled-about-talc-headlines-senator-demands-info-from-j-j-ceo
  12. Steenhuysen, J. and Berkrot, B. (2019, January 29). U.S. Senator Asks J&J for Documents on Talc, Baby Powder Safety. Reuters. Retrieved from https://www.reuters.com/article/us-johnson-johnson-talc/u-s-senator-asks-jj-for-documents-on-talc-baby-powder-safety-idUSKCN1PN2F6
  13. Takata Airbag Injury Trust. (2018, May 24). Takata Airbag Tort Compensation Trust Fund. Retrieved from http://www.takataairbaginjurytrust.com/index
  14. U.S. Courts. (n.d.). Chapter 11 – Bankruptcy Basics. Retrieved from https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-11-bankruptcy-basics
  15. U.S. Securities and Exchange Commission. (2019, February 20). Johnson & Johnson Form 10-K, For the Fiscal Year Ended December 30, 2018. Retrieved from https://www.sec.gov/Archives/edgar/data/200406/000020040619000009/form10-k20181230.htm
  16. Wischhover, C. (2018, December 14). Johnson & Johnson Accused of Hiding the Asbestos in Its Baby Powder for Decades. Vox. Retrieved from https://www.vox.com/the-goods/2018/12/14/18141265/johnson-johnson-talc-asbestos-lawsuits-cover-up-stock-price
  17. Ziffer, L.B. (2012, June 11). Bankruptcy Trusts and Asbestos Litigation. American Bar Association. Retrieved from http://apps.americanbar.org/litigation/committees/products/articles/spring2012-bankruptcy-trusts-asbestos-litigation.html
View All Sources
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