Court Rejects Johnson & Johnson Bankruptcy Strategy For 1000s Of Baby-Powder Lawsuits
A U.S. court on Monday rejected pharmaceutical company Johnson & Johnson’s bankruptcy strategy to resolve billions of dollars in lawsuits that alleged the firm’s talc products cause cancer.
A decision handed down by the U.S. Third Circuit Court of Appeals in Philadelphia dismissed a Chapter 11 petition filed by a recently created J&J subsidiary LTL Management in October to address more than 38,000 lawsuits from plaintiffs alleging the company’s baby powder and other talc products caused cancer.
Before the bankruptcy filing, J&J faced costs from $3.5 billion in verdicts and settlements, including one in which 22 women were eventually awarded a judgment of more than $2 billion, according to court records.
“Applied here, while LTL faces substantial future talc liability, its funding backstop plainly mitigates any financial distress foreseen on its petition date,” wrote a three-judge panel on Monday.
They noted that “good intentions” like protecting the “J&J brand or comprehensively resolve litigation … do not suffice alone,” they wrote.
A spokesperson for the company, which manufactures Tylenol as well as a widely used COVID-19 vaccine, said J&J will appeal the decision. The spokesperson maintained that the company’s talc products are safe and don’t cause cancer.
“As we have said from the beginning of this process, resolving this matter as quickly and efficiently as possible is in the best interests of claimants and all stakeholders,” J&J spokeswoman Allison Fennell told news outlets in response to Monday’s ruling.
“We continue to stand behind the safety of Johnson’s Baby Powder, which is safe, does not contain asbestos, and does not cause cancer.”
The decision throws into doubt J&J’s long-planned strategy for disposing of talc litigation after it lost a bid to reverse a watershed verdict that eventually awarded more than $2 billion to 22 women who blamed their ovarian cancer on baby powder and other talc products.
https://www.zerohedge.com/medical/court-rejects-johnson-johnson-bankruptcy-strategy-1000s-baby-powder-lawsuits