Court Rules Merck, Not Bayer Responsible in Talc Lawsuits

Bayer AG was absolved of liability in certain cancer-related lawsuits. The cases concern talc-based foot powders that the company acquired from Merck & Co. in a more than $14 billion cash deal nearly a decade ago. Delaware’s highest court clarified that Merck is responsible for claims that predate Bayer’s acquisition. Lawsuits claim talc used in products like Dr. Scholl’s caused cancer.  Talc-based products have been linked in recent years to asbestos-related illnesses such as ovarian cancer, mesothelioma and asbestosis. Merck, Bayer and Johnson & Johnson have faced lawsuits claiming talc-based products caused plaintiffs’ cancer.  Delaware Supreme Court Upholds Lower Court Ruling Merck had claimed its liability ended on Oct. 1, 2021, seven years after selling its Claritin, Coppertone and Dr. Scholl’s product lines to Bayer. In September 2021 Merck sued Bayer for breach of contract for failing to assume liability for the product claims, according to court records. Shortly after the deal closed, both companies began being named in lawsuits, according to a Delaware Chancery Court memorandum. In April 2023, a Delaware Chancery Court judge ruled that the 2021 date was for different indemnification obligations for Merck, but didn’t include the talc lawsuits. In November 2023, the Delaware Supreme Court unanimously upheld the lower court’s ruling that the original owner of the talc products – Merck & Co. – is responsible for ...
Source: Asbestos and Mesothelioma News - Category: Environmental Health Authors: Tags: Asbestos (general) Legal Source Type: news