In July this year, Johnson & Johnson agreed to a proposed $5.5 billion settlement to resolve around 76,000 US claims alleging that its talc-based products caused ovarian cancer.*
The agreement could bring an end to more than a decade of litigation surrounding products including Johnson’s Baby Powder.
However, the settlement is not yet final. It requires participation from firms representing at least 95% of the remaining ovarian cancer claims in US state and federal courts.
Johnson & Johnson continues to strongly deny the allegations and maintains that its talc products are safe and do not cause cancer. The company has said that agreeing to the settlement is intended to bring the long-running litigation to a conclusion rather than being an admission of liability.
What are the details of the Johnson & Johnson talc case?
Thousands of women in the United States have brought claims alleging that prolonged use of Johnson & Johnson’s talc-based products contributed to them developing ovarian cancer.
The litigation has continued for around 15 years, involving numerous individual cases, appeals and attempts to reach a wider resolution.
The latest agreement proposes payments on a per-claim basis, with Johnson & Johnson committing $5.5 billion towards resolving the remaining ovarian talc litigation.
The company stopped selling talc-based Johnson’s Baby Powder globally in 2023.
Why is this relevant to personal injury law?
Although these proceedings are taking place in the United States, the case highlights an important principle of product liability law: manufacturers can potentially face legal claims where a defective or unsafe product causes injury or illness.
In England and Wales, consumers have legal protections where products cause injury. Depending on the circumstances, claims may potentially be brought under legislation including the Consumer Protection Act 1987 or through the law of negligence.
Product liability claims can involve products ranging from household and cosmetic products to electrical appliances, machinery and medical devices.
What does a product liability claim involve?
Product liability cases can be complex, particularly where an illness develops many years after someone was exposed to or used a particular product.
Evidence may be required to establish:
- what product was used and for how long
- whether the product was defective
- the nature and extent of the injury or illness
- whether there is sufficient evidence linking the product to the injury
- what financial and other losses have resulted.
Medical and other expert evidence can therefore play a particularly important role.
Have you been injured by a defective product?
If you believe you have suffered an injury or illness because of a defective or unsafe product, it is important to obtain specialist legal advice as early as possible.
Strict time limits can apply to personal injury and product liability claims. Seeking advice early also gives your solicitor the best opportunity to preserve evidence, investigate what happened and obtain appropriate expert evidence.
How Coles Miller can help
At Coles Miller, our experienced Personal Injury solicitors advise people who have suffered injuries through no fault of their own.
We can assess the circumstances surrounding your injury, advise whether you may have grounds for a claim and gather the medical and other evidence needed to support your case. Where appropriate, we can deal with manufacturers, insurers and their legal representatives on your behalf and pursue compensation for your injuries and associated financial losses.
Experienced team
Coles Miller’s experienced Personal Injury team helps people who have suffered injuries because of the negligence of another person, business or organisation. The team handles a wide range of claims, including serious and catastrophic injuries, accidents at work, road traffic accidents, slips and falls and injuries involving unsafe or defective equipment.
Where appropriate, they can help obtain medical evidence, investigate liability, secure interim payments to fund treatment and rehabilitation, and pursue compensation for losses such as lost earnings, care requirements and future needs. Coles Miller offers a free initial discussion and handles virtually all personal injury claims on a No Win No Fee basis.
The PI department also has considerable experience of complex and unusual injury claims. Previous cases include securing £3.4 million for a lift engineer who suffered permanent spinal injuries after falling through a glass lift, £3.6 million for a road accident victim who sustained permanent brain injuries, and compensation for a tenant who suffered facial injuries and scarring when glass shattered at her rented accommodation.
While these cases are different from the US litigation involving Johnson & Johnson, they demonstrate the team's experience in investigating how an accident or unsafe situation occurred, establishing responsibility and assessing the long-term consequences of an injury.
If you believe that a defective or unsafe product has caused you injury or illness, contact Coles Miller Solicitors’ Personal Injury team for an initial discussion about your circumstances.
* https://www.bbc.co.uk/news/articles/clyqnz52rp6o
**This article is for general information only and does not constitute legal advice. The Johnson & Johnson settlement relates to litigation in the United States and does not establish liability in relation to individual claims in England and Wales.
