Talcum Powder Cancer Trials May Resume In Two Months
Johnson & Johnson is trying to reinstate their LTL Management bankruptcy and eliminate having to go to trial
Sunday, April 23, 2023 - Judge Michael Kaplan, the bankruptcy judge for LTL Management, voiced skepticism on the likelihood that plaintiffs will accept the recently announced secondary bankruptcy plan, which includes a $9.1 billion settlement offer for all talcum powder lawsuits. The ruling permits further talcum powder cancer lawsuits to be brought against J&J but with no trials for at least 60 days. Nearly 40,000 talcum powder ovarian cancer lawsuits have been prepared and await a court date that could begin over the summer. Should J & J's attempt to delay the lawsuits further with bankruptcy be denied, the company would likely increase its settlement offer. The company desperately wants to avoid a repeat of the $2 billion jury award that award two years ago that initially prompted its talcum powder bankruptcy scheme. 22 women with ovarian cancer sued Johnson & Johnson alleging using Johnson's Baby Powder for feminine hygiene caused ovarian cancer and were awarded $4 billion initially. The court decision was emphatically upheld by the Missouri Appeals Court but the award was cut in half to reflect the company's administrative challenge. According to AboutLawsuits.com (AL), " This week, U.S. Bankruptcy Judge Michael Kaplan agreed to pause any new trials over talcum powder injury claims for 60 days. However, he expressed skepticism about the latest filing at a hearing this week and indicated that plaintiffs can continue to file new lawsuits during that time. Judge Kaplan also made clear that attorneys representing talcum powder cancer lawsuit plaintiffs with pending trials can keep preparing those cases during the 60-day time period, which may allow trials to resume promptly if this second Johnson & Johnson bankruptcy filing is also rejected."
While the $9 billion talcum powder cancer settlement offer seems like a lot of money, plaintiff lawyers argue it is not when you divide it among nearly 100,000 potential plaintiffs that have registered with talcum powder attorneys. All 14 members of the plaintiff's steering committee rejected the Johnson & Johnson offer saying the amount and terms were a continued abuse of the legal system. Lawyers writing for Yahoo Finance expressed their concerns: " While J&J's proposed $8.9 billion offer sounds like a lot of money, it is not enough when you consider the terms of the proposal. This settlement proposal would pay far less than $120,000 per case if that. The costs of medical care and lost wages alone for ovarian cancer victims approach $500,000. That does not address the pain and suffering nor punitive damages those women and their families have suffered by J&J's massive and deliberate cover-up of the dangers of its asbestos-laden talc products." New Jersey Bankruptcy Judge Kaplan contends that the bankruptcy court offers all talcum powder cancer victims the best opportunity to receive fair compensation and to receive it quicker than waiting for a court date that could take years. Supporters of the bankruptcy plan pointed out that about 2/3 of the previous two dozen or so Johnson's Baby Powder ovarian cancer or mesothelioma trials have been decided for the defense and that some of the others were overturned on appeal.