Our product liability attorneys serving Northern New Jersey have been following the 2022 Johnson & Johnson talc powder cancer cases very closely, and in recent months we’ve seen major legal challenges to J&J’s underhanded attempts to avoid paying thousands of talc cancer lawsuits. In this article, we’ll cover some brief background on the talc powder cases, relevant information on New Jersey Product Liability law, and—most importantly—whether you can still file your talcum powder lawsuit for ovarian cancer.
Key Info: J&J Talc Powder Lawsuits & the Texas Two-Step
In recent years, Johnson & Johnson has faced thousands of lawsuits from consumers alleging that asbestos present in their talcum baby powder caused ovarian cancer. Although J&J dismissed these claims and insisted that their talc-based products are safe and asbestos-free, there is evidence that J&J knew about the presence of dangerous asbestos in their talc products for years before these cancer cases came to light. Recently, the company pulled all their talc-based products from shelves and vowed to discontinue manufacturing all talc-based products.
While their eventual move to stop selling carcinogenic products is of course a plus, they continue to find ways to evade responsibility for the lives they have harmed. Last year, facing thousands of lawsuits, the company employed a deceitful legal maneuver known as the Texas Two-Step. In brief, this is when a corporation takes advantage of a legal loophole that allows them to spin off a new corporation based in Texas. The new corporation then files for bankruptcy, shielding the original company from lawsuits.
In the case of J&J, in October of 2021, they created a company known as LTL, which took on all legal liability for the talc cases. The company then filed for bankruptcy, putting roughly 38,000 pending lawsuits on hold. J&J and LTL claimed that the maneuver would allow them to pay out the victims more quickly, but legal experts and consumer protection advocates think otherwise.
This October, a federal bankruptcy judge in New Jersey ordered a pause on lawsuits from the state attorneys general of New Mexico and Mississippi—backed by 41 states and D.C.—until LTL’s bankruptcy is reviewed by an appellate court. At Buttafuoco & Associates, we’re hopeful that our legal system will take the right side and make J&J take responsibility for its actions.
Can I Still Sue?
Though it may seem daunting, Buttafuoco & Associates is here to help you stand up to big corporations. It’s important to remember that for New Jersey personal injury cases (including product liability cases), the statute of limitations is two years.
However, the “discovery rule” can extend the timeline in which you can file a personal injury suit. This is when the injury or its cause was not discovered until later, which is very common in all asbestos cases as the substance can remain in one’s body for decades before causing cancer.
Get in Touch with an Attorney Today
It’s important to reach out to a Northern New Jersey talc cancer attorney as soon as possible to make sure you are within the legal timeline to file a lawsuit after exposure.
Get in touch with us today at 1-800-NOW-HURT to learn more about whether you have a case.