There Are Two Sides To Johnson & Johnsons Newest Bankruptcy Proposal

$9 billion seems like a lot of money but is not when divided among tens of thousands of plaintiffs

Tuesday, April 18, 2023 - Lawyers for ovarian cancer and mesothelioma patients have criticized Johnson & Johnson's attempt to settle cases involving their talcum powder products through yet another bankruptcy plan. In a court petition, the attorneys claimed, according to a Reuters article from April 10, 2023, that the bankruptcy plan is a "fraudulent and unprecedented attempt to shield the company from liability." They assert that the plan "violates the fundamental principles of bankruptcy law" and was developed to reduce the amount of money Johnson & Johnson would have to pay to victims. Some talcum powder cancer lawyers think the amount of money being offered via the company's newest proposal will amount to less than $150,000 per qualifying plaintiff, far less than the average of $500,000 in unreimbursed medical expenses alone. Lawyers say that it is not unusual in a case like this for tens of thousand of "claimants" to have filed an interest to file a lawsuit but have not yet done so. This situation was magnified by the economic and legal shutdowns of Covid 19 pandemic and also the recent one-year moratorium on lawsuits while the company attempted to bankrupt their talcum powder liability spin-off company. Anyone who has had a hysterectomy and oophorectomy, been diagnosed with ovarian cancer or another gynecologic malignancy, used Johnson's talcum powder in the past, and meets the other criteria may be eligible to launch a lawsuit against Johnson & Johnson and contact a talcum powder cancer lawyer for guidance. Lawyers who support the Johnson & Johnson settlement offer allege that a large percentage of the claimants will not qualify to file a lawsuit when push comes to shove. They also cite Johnson & Johnson successfully defending themselves in dozens of talcum powder cancer lawsuits, and the courts overturning many of the jury verdicts against them.

One of the key issues raised by the lawyers is the release of Johnson & Johnson and its insurers from future liability related to talcum powder. Talcum powder ovarian cancer has a latency period of more than ten years when the disease lies dormant and its symptoms are unapparent. The plan would prevent anyone who develops cancer from using Johnson & Johnson's talcum powder products in the future from suing the company. The lawyers argue that this provision is unfair and that it would prevent future victims from receiving compensation. The lawyers also expressed concerns about the independence of the special master who would oversee the compensation fund. Under the bankruptcy plan, the special master would be appointed to determine which claims are eligible for compensation and how much money each claimant should receive. The lawyers claim that this special master would be controlled by Johnson & Johnson and its insurers, and would not be impartial. Talcum powder cancer lawyers have filed lawsuits on behalf of clients with ovarian cancer or mesothelioma and also on behalf of the surviving children or spouse of the diseased. Lawyers also claim to have tens of thousands of additional clients that have registered their intent to file a lawsuit but have not done so yet.

Information provided by TalcumPowderCancerLawsuit.com, a website devoted to providing news about talcum powder ovarian cancer lawsuits, as well as medical research and findings.