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Johnson & Johnson to Pay $2 Billion in Landmark Baby Powder Trial

On June 1st, the Supreme Court rejected an appeal from Johnson & Johnson (J&J) without comment. In 2018, 22 women sued the company over its talc products, believing the asbestos in the products gave them ovarian cancer. Talc and asbestos are often found in the same mines, with asbestos being a known carcinogen. Jurors noted sufficient evidence to support the link between the talc, asbestos, and ovarian cancer diagnoses. 

The plaintiffs won in a $4.7 billion verdict, which was later reduced to $2 billion by a Missouri appeals court. Ultimately, the women were each awarded $25 million in compensatory damages, and the company was fined.

Mesothelioma, a rare form of cancer, is also linked to asbestos exposure. J&J is currently fighting thousands of lawsuits linked to this cancer, having set aside almost $4 billion to cover the related expenses.

In 1976, J&J participated in an industry agreement to ensure asbestos-free products. However, in 2018, a Reuters investigation found mention of undisclosed asbestos contamination in over three decades of internal reports from the company. Just a year later, in 2019, the U.S. Food and Drug Administration (FDA) confirmed the presence of asbestos in J&J talc products.

In May 2020, U.S. and Canadian sales of baby powder ended due to “pandemic-related low demand and public safety misinformation.” Publicly, J&J maintains the safety of their products. 

For more information about the link between J&J talc baby powder and asbestos exposure, contact us today.

Additional Reading:

Johnson & Johnson Sets Aside Nearly $4 Billion for Talc Verdict

Johnson & Johnson to Stop Selling Talcum Powder

Johnson & Johnson

Zantac Relaunches With New Name and Ingredient After Recall Due to Increased Cancer Risk

In April 2020, the Food and Drug Administration (FDA) issued a recall of all prescription and over-the-counter (OTC) versions of ranitidine, more commonly known as Zantac, due to an increased cancer risk. Recently, the medication relaunched with a new name and ingredient: Zantac 360 (famotidine). The oral tablet is available in two strengths (10 mg and 20 mg) and without a prescription. It is only recommended for use by adults and children over the age of 12. 

Famotidine and ranitidine are in the same class of medications. They are both H2 blockers and work equally well to combat heartburn, acid reflux, and other stomach ailments. After discovering that ranitidine contained a chemical called N-nitrosodimethylamine (NDMA), the FDA tested other H2 blockers for the carcinogen. Fortunately, famotidine has no traces of NDMA. Thus, these is no possible link to cancer, which means that Zantac 360 is a safer option for consumers.

Famotidine may look familiar: it’s the same active ingredient in Pepcid AC, another OTC heartburn medication, meaning Zantac 360 and Pepcid AC provide the same symptom relief without any benefits over the other. They both work within an hour and last for up to 12 hours.

This relaunch comes at a notable time. In addition to the hundreds of lawsuits that have already been filed against Zantac, a new study in The American Journal of Gastroenterology indicates that Zantac products may cause a 22 percent increase in the user’s risk of bladder cancer. 

For more information about the Zantac recall and relaunch, contact us today.

Additional Reading:

Zantac Cancer Claims Invalid Under Federal Law

Zantac Lawsuits & Updates

Zantac (Ranitidine) Commonly Asked Questions

Zantac Cancer Risk

FDA to Reconsider Approvals for Unproven Cancer Drugs

Annually, the United States approves multiple new uses for cancer drugs based on early evidence that they can shrink or slow the spread of tumors. How often do these initial results equate to longer, more robust lives for patients though? At the end of April, the Food and Drug Administration (FDA) met for the first time in a decade to determine if they should revoke the approvals for drugs that have failed to show they extend or improve life after use for cancer treatment. 

During the three-day meeting, the FDA examined unproven cancer drugs from Merck, Roche, and Bristol-Myers Squibb. The schedule included presentations from drugmakers as well as opportunities to seek advice from cancer experts. The hope is that, through this examination, the FDA can remove expensive, unproven cancer drugs from the market. As Dr. Ezekiel Emanual, a cancer specialist and bioethicist at the University of Pennsylvania explains, “Doctors are using these drugs and patients are receiving them with all their toxicities and without knowing whether they are actually doing anything. We should not be in a situation where we’re endlessly uncertain.”

There has been an “unprecedented level of drug development” in recent years, with spending on cancer drugs more than doubling since 2013 to over 60 billion dollars annually. The U.S. spends more per person on prescription drugs than any other nation, and new medications can cost as much as 300,000 dollars per year. Unfortunately, the prices have risen faster than patient survival rates. 


For more information about the potential withdrawal of cancer drugs from the market, contact us today.

Zantac Cancer Claims Invalid Under Federal Law

A federal judge recently threw out multiple claims by the plaintiffs in the Zantac cancer multi-district litigation (MDL) because the claims, which were filed under state laws, were barred by federal law.

MDL 2924, which now has more than 500 cases, was created in February 2020. These lawsuits focus on the belief that Zantac contains an undeclared carcinogen. Allegations made against the drug manufacturers include personal injury; negligence; violation of consumer protection laws; and design defects.

The recent ruling filed under state laws argued that the manufacturers of ranitidine (generic Zantac) created a flawed product and failed to notify consumers about it. The court ruled these claims invalid, effectively preventing manufacturers from addressing the defective design or the lack of consumer warning. Of course, the plaintiffs’ attorneys disagreed, arguing that the manufacturer could have changed the expiration date on the packaging without violating the law. Had the drug expired sooner, it would’ve been less harmful, as evidence shows that carcinogen levels in the drug increase over time. 

The federal judge also accused the plaintiffs of making conflicting Zantac claims within the same case (which is not allowed based on court precedent). The plaintiffs argued that the drug was defective at the time of manufacture, which opposes the claim about expiration dates. If the drug was in fact harmful on the production date, then an earlier expiration date would not make it safe. These claims, both under state law, were dismissed.

While it is unclear how the case will proceed, the plaintiffs now have 30 days to file new, narrower claims. Some reports suggest that they will focus on possible legal labeling changes that should’ve been made by the manufacturers. Additionally, there are still pending claims under federal law that have not yet been addressed by the judge. 

Additional Reading:

Keeping Up To Date On Potential Dangers of Medications

Zantac Lawsuits & Updates

Zantac (Ranitidine) Commonly Asked Questions

Zantac Cancer Risk

Bayer Issues New Proposed Settlement in Cases Linking Roundup to Lymphoma Cancer

Multiple jury verdicts in the Bay Area confirmed the link between the widely-used herbicide Roundup (a Monsanto product) and lymphoma cancer, and now, parent company Bayer is hoping to resolve future lawsuits with a proposed $2 billion settlement — its second attempt at reaching an agreement. Product users who were later diagnosed with non-Hodgkin’s lymphoma would receive up to $200,000 in compensation — or more in “exceptional circumstances.” The settlement would remain ongoing for four years, but a judge could approve additional time and/or increase the $2 billion budget if both sides requested the change. 

The settlement is still waiting for approval from a federal judge in San Francisco, who criticized Bayer’s first attempt at settling. Last summer, Bayer and a group of plaintiffs’ lawyers were sent back to the drawing board after being denied their proposed $1.25 billion agreement. 

Not only is the new version financially larger, but it is also less restrictive, allowing non-participants more freedom to pursue their cases in court with only some limitations on damages. Additionally, the settlement would add information to Roundup’s label, saying it may cause non-Hodgkin’s lymphoma, an often deadly cancer. While the label would not directly state Roundup as a cause of the disease, it would include a link to information related to both sides of the legal battle. It would also provide Monsanto product users with free medical evaluations and legal advice as needed. 

In another new section of the settlement, a group of scientists will be chosen by Bayer and the plaintiffs’ lawyers to conduct an independent study on Roundup’s active ingredient, glyphosate, and its links to cancer. Although the U.S. Environmental Protection Agency has declared the product safe, the International Agency for Research on Cancer, part of the World Health Organization, determined in 2015 that glyphosate was a probable cause of human cancer. 

Bayer previously settled up to 125,000 suits with a nearly $10 billion agreement, all directed at U.S. residents who said they had been diagnosed with cancer or other illnesses after using Roundup or Ranger Pro, another product that contained glyphosate. 

Roundup
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