Johnson & Johnson Could Try Bankruptcy For LTL Management Subsidiary A Third Time
The company may increase their settlement offer from the $8.9 billion currently on the table
Sunday, August 13, 2023 - Lawyers for plaintiffs with talcum powder cancer allegedly from using Johnson's Baby Powder fear that the company will try a third time for bankruptcy and further delay their clients' day in court. More than 38,000 lawsuits filed against Johnson & Johnson have been put on hold for the better part of the last two years while the company's bankruptcy scheme was evaluated. The most recent attempt at bankruptcy was accompanied by an increase in cancer lawsuit settlement offer from the initial $2 billion to $8.9 billion. Experts believe it would take an offer of more than double that amount to entice the required 75 percent of plaintiffs to accept the deal. Lawyers who are opposed to the settlement also want the company's requirement that the settlement deal includes all future talcum powder claims against them dropped. Ovarian cancer and mesothelioma, the two signature diseases that are allegedly caused by using talcum powder, have a latency time of a decade or more where the disease lays dormant in the body but is inevitable. Hundreds of thousands of women may be unaware that they have ovarian cancer from using talcum powder. Ovarian cancer is often fatal because it is normally not diagnosed until it is in its later stages and has spread to other organs. Talcum powder lawyers warn that hundreds of women may die waiting for their day in court if a third attempt at bankruptcy is allowed. Judge Kaplan initially approved the LTL bankruptcy saying that the legal structure offered the greatest number of plaintiffs an opportunity for a quick and equitable lump-sum payment.
Reuters reported the other day that bankruptcy judge Michael Kaplan has denied the plaintiff's attorney's request that a 6-month ban be placed on considering a third attempt by J & J for bankruptcy saying that he could not predict the future. A second and latest attempt at bankruptcy has been rejected on the same grounds as the first, that being that there is no sufficient evidence that the parent company is in financial distress. "LTL's first bankruptcy was dismissed in April after a U.S. appeals court ruled that it was not in sufficient financial distress to be eligible for bankruptcy protection," according to Reuters. Johnson & Johnson continues to support the position that their talc is safe, pure, and asbestos free despite testing results from the Food and Drug Administration (FDA) to the contrary. In 2020, the FDA carried out testing on Johnson's Baby Powder to detect asbestos contamination. Asbestos, a naturally occurring mineral, poses severe health risks like respiratory issues and cancer. The tests aimed to ensure user safety and product integrity. The outcomes of the FDA's talc asbestos evaluations revealed minute traces of asbestos in specific samples of Johnson's Baby Powder. This revelation sparked concerns and garnered significant public attention due to the product's prevalent use, particularly for infants. Johnson & Johnson, the manufacturer, encountered legal actions and heightened scrutiny following this disclosure.">