Johnson's Baby Powder Cancer Victims Are Skeptical of Settlement Offer
The number of Johnson's Baby Powder cancer victims likely to file lawsuits against the company is being questioned during week-long bankruptcy hearings
Sunday, July 2, 2023 - Johnson's Baby Powder cancer victims are skeptical that the company will support the $8.9 billion dollar settlement offer being proffered by Johnson & Johnson as a condition to re-enter bankruptcy. Hearings were recently conducted by New Jersey Bankruptcy Judge Michael Kaplan centered around asking Johnson & Johnson lawyers to provide proof to support their position that cancer plaintiffs have accepted the settlement offer. The company has told the court that about 60,000 "claimants" are willing to accept the offer in return for a speedy payout. Many ovarian cancer victims have little time left to live or have already succumbed to the disease. According to Reuters.com, " During a multi-day court hearing in Trenton, New Jersey, attorneys for plaintiffs alleging that J&J's baby powder and other talc products sometimes contained asbestos and caused ovarian cancer and mesothelioma drilled down on J&J's public statements that it has "secured commitments from over 60,000 current claimants" for the settlement and that the "majority" of talc claimants support it." 75% of talcum powder cancer plaintiffs support is needed for a settlement to be considered accepted. The term "claimant" is being questioned as it included not only 38,000 individuals that have already filed talcum powder lawsuits against J & J, but also includes those who have registered with talcum powder cancer attorneys their intent to file a lawsuit. One lawyer thinks that that number is an exaggeration because some prominent attorneys representing a majority of talcum powder cancer lawsuits are opposed to the offer. "Moshe Maimon, an attorney for cancer victims opposed to the settlement, said that four law firms represent a majority of the 60,000 claims counted by J&J, and he pointed out that none of those firms' clients have yet agreed to support the deal," Reuters wrote.
Lawyers called Johnson & Johnson's claim that an agreement had been reached "sloppy," and the say it was more of a public relations stunt than a legal opinion. During the multi-day bankruptcy hearing, Johnson & Johnson attorneys failed to list any of the law firms that allegedly supported the company's offer, according to Reuters. During the hearing, Bankruptcy Judge Kaplan told J & J lawyers they were prohibited from claiming that the settlement had more support than they could prove. Apparently, J & J lawyers defended their lack of transparency by telling Judge Kaplan privately that they would not reveal the clients that would accept the offer for fear of retribution against their clients. The New York Times initially reported and has not retracted, a recent story titled: "Johnson & Johnson Reaches Deal for $8.9 Billion Talc Settlement," which tells readers that plaintiffs with ovarian cancer and mesothelioma would accept the company's recent talcum powder settlement offer of $8.9 billion, and that, " The company faces a flood of lawsuits claiming its talc products caused cancer. The proposed settlement requires approval by a bankruptcy court but has the backing of plaintiffs' lawyers." For the record, Johnson & Johnson continues to tell the public that their talc is safe, pure, and asbestos free despite FDA tests proving otherwise.
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