38,000 Johnson's Baby Powder cancer plaintiffs have the US Department of Justice on their side regarding proceeding with their lawsuits
The US Trustee assigned to the LTL Management bankruptcy thinks that the ruling should be overturned giving a green light to individual lawsuits to proceed
Thursday, December 8, 2022 - About 38,000 talcum powder lawsuits have been put on hold for months while the appeals court decides if the LTL Management bankruptcy will be upheld or overturned. In February of 2022, U.S. Bankruptcy Judge Michael Kaplan granted LTL Management's request for bankruptcy. The move set off a firestorm of objections from plaintiffs, plaintiff attorneys, legal scholars, and the US government presuming the legal maneuver would prevent those allegedly injured or killed from using Johnson's Baby Powder their right to a trial. According to Reuters, "J&J's approach was "unquestionably" proper and offered a faster and more fair alternative to decades of litigation in other courts. Kaplan's decision not to dismiss the case was appealed by groups of cancer plaintiffs who have alleged that J&J talc products cause mesothelioma and ovarian cancer. Those plaintiffs also filed opening briefs in the 3rd Circuit on Thursday, reiterating their arguments that LTL's bankruptcy case was a "sham" designed to protect J&J." The US Trustee from the Justice Department that oversees bankruptcies thinks that the Johnson & Johnson, LTL Management spinoff and bankruptcy is an abuse of the bankruptcy laws and that Judge Kaplan's decision to allow it should be overturned. "Reuters) - The U.S. Department of Justice's bankruptcy watchdog on Thursday said that Johnson & Johnson abused the bankruptcy system to halt multibillion-dollar litigation alleging that its baby powder causes cancer." Kaplan feels strongly that the bankruptcy court is the plaintiff's best chance at getting a fair and speedy settlement for their talcum powder cancer given the vast number of plaintiffs in the case.
Women with ovarian cancer and men and women with mesothelioma are suing Johnson & Johnson for failing to warn them that their iconic Johnson's Baby Powder may cause cancer. Company memorandum revealed in court showed that company executives at the highest level knew that the Johnson & Johnson talc supply could contain asbestos, a known carcinogen dating back to 1971 when asbestos miners started dying from mesothelioma. Memos stated that marketing executives at the company feared that mothers would not trust the product for use on their babies once the news of asbestos being cancer-causing became public. Johnson & Johnson then redirected their marketing strategy away from mothers and babies and towards Black women. The company thought assumed that Black women in the southern US states would be a less well-informed demographic. Reuters wrote a definitive investigative report on what Johnson & Johnson knew about asbestos contamination with their talc supply in a piece titled, "Johnson & Johnson Knew For Decades That Asbestos Lurked In Baby Powder." That article along with the US Food and Drug Administration (FDA) testing Johnson's Baby Powder and finding asbestos led the company to discontinue selling talc-based baby powder in North America. The company recently stopped selling the product worldwide.