Attorneys Are Forming A Superfirm Of 60 Experienced Talcum Powder Cancer Lawyers
The move aims to counter J & J's third attempt to delay trials through bankruptcy
Monday, December 18, 2023 - In yet one more controversial legal maneuver, Johnson & Johnson is currently in the midst of its third attempt to segregate liabilities pertaining to talcum powder ovarian cancer and mesothelioma into LTL Management, a shell company. The pharmaceutical giant is strategically seeking bankruptcy approval from the New Jersey bankruptcy court, creating a divisive discourse in legal and corporate circles. This intricate maneuver is designed to insulate the company from the legal ramifications and financial obligations linked to talcum powder cancer concerns. By establishing a distinct entity, Johnson & Johnson aims to navigate the intricacies of legal challenges while addressing the controversies surrounding its talcum powder products. This controversial bankruptcy scheme underscores the company's commitment to managing legal risks amidst a backdrop of public scrutiny. A New Jersey bankruptcy judge granted approval for the company's initial attempt at bankruptcy, asserting that the bankruptcy court presents the most effective means to address the claims of over 75,000 plaintiffs afflicted by Johnson’s Baby Powder ovarian cancer.
Given the overwhelming magnitude of the court's responsibility in handling tens of thousands of cases, all stemming from similar injuries resulting from the use of Johnson's Baby Powder, a consolidation effort has been underway for several years through a process known as multi-district litigation (MDL). Multi-district litigation serves to consolidate and streamline the legal proceedings, including the discovery process and other repetitive court procedures, in cases where numerous plaintiffs share comparable injuries arising from a common product, in this instance, Johnson's Baby Powder. By centralizing these cases into MDL, the judicial system aims to enhance efficiency and coherence in litigation processes across multiple courts nationwide. The decision to consolidate these cases recognizes the inherent complexities and challenges associated with managing a large number of lawsuits stemming from a single product. This approach not only addresses the logistical hurdles faced by the court system but also facilitates a more organized and systematic handling of legal proceedings, ensuring that justice is served uniformly and expeditiously for the multitude of plaintiffs involved in the litigation.
Plaintiff lawyers are also seeking to consolidate cases into groups of 20 or more highly similar cases and try them in a single trial. The first attempt at this strategy saw 22 women plaintiffs with ovarian cancer awarded $4.89 billion, most of which was comprised of punitive damages. The jury decision was upheld by the Missouri Appeals Court where the judge called Johnson & Johnson's corporate behavior in covering up what they knew for decades about talc containing asbestos, "reprehensible." To aid in consolidating hundreds of plaintiffs at once for trial, a group of about 60 of the nation's top trial attorneys with experience in all aspects of Johnson's Baby Powder cancer cases are joining forces to form a single law firm. The strategy will force Johnson & Johnson to defend itself in hundreds of courts around the nation at once spreading them too thin to be effective and forcing their hand to settle cases. According to levinlaw.com, "We're building a massive law firm. A machine that will put 60 seasoned, trained trial lawyers, schooled on J&J's disastrous history, in courtrooms on the same day anywhere in America."
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