Johnson & Johnson's Baby Powder Bankruptcy Would Deny Cancer Victims Their Day In Court
Millions of plaintiffs suffering from alleged corporate negligence could be disenfranchised if the Johnson & Johnson talcum powder bankruptcy is allowed to proceed
Friday, May 27, 2022 - If Johnson & Johnson is allowed to shelter their $400 billion war chest by spinning off its talcum powder cancer liabilities into a separate company and then declaring it bankrupt, the precedent it would set for other companies to do the same could be devastating for consumers. Companies would no longer be concerned about the financial fallout from a product they negligently designed, manufactured, or marketed and the legal costs of providing a settlement would be considered just a cost of doing business and built into the product's price. Companies would no longer feel responsible for the injuries or deaths that their product would cause. Imagine if the bankruptcy maneuver called the Texas Two-Step was employed by other companies currently in mass tort legal firestorms. 3M is currently being sued by approximately 300,000 military veterans who have allegedly experienced hearing loss from the malfunctioning of the standard-issue 3M Combat Army Earplugs. CR Bard and others manufactured hernia mesh sleeves from a faulty material ill-advised to be placed inside the human body, leaving thousands of patients in unbearable pain and requiring more surgery. Syngenta faces more than 100,000 lawsuits from people that have developed Parkinson's disease after working with paraquat, a deadly herbicide. These are only a few of the cases involving multi-national corporations and million of plaintiffs that have been stricken with terminal illnesses or those who have died allegedly from using products that the companies that knew were harmful and failed to warn their customers for the sake of maximizing their corporate profits. The Johnson & Johnson Texas Two-Step bankruptcy scheme is a perfect example of how companies can shirk their responsibilities not to injure their customers.
Forty-thousand women, presumably mostly of African American descent, have registered with talcum powder cancer lawyers to sue Johnson & Johnson for causing their ovarian cancer. Up until the early 1970s. Johnson's Baby Powder was just that, a way for mothers to keep their newborn babies and toddlers dry and comfortable after changing their diapers. In about 1970, the media in the US made public the fact that asbestos, a building material commonly used by the government as a form of insulation in government buildings throughout the country, caused mesothelioma, a form of lung cancer that scars the delicate lining of the lungs. Asbestos is a naturally-occurring mineral as is talc, the main ingredient in Johnson's Baby Powder and the two are mined from deposits in the ground that are adjacent to and overlapping each other. It is impossible to remove asbestos from talc once contaminated and there is no safe level of asbestos that a human can inhale or otherwise ingest. Marketing memos from Johnson & Johnson revealed in court documents and written about by investigations by Reuters and NPR show that marketing executives at the company thought that no mother would risk using Johnson's Baby Powder on their precious babies if even the slightest amount of asbestos could be linked to talc. The company then repurposed the features and benefits of using baby powder away from babies and towards women who wanted to, as the company put it, elevate their social status to that of white women by using baby powder for feminine hygiene.