J&J Talc Litigation Update: US Dept of Justice Requests Dismissal of J&J’s Bankruptcy Claim
In June 2021, the Supreme Court refused to hear Johnson & Johnson’s appeal on the $2 Billion verdict awarded in favor of women who claimed that their ovarian cancer was due to use of J&J’s talcum powder. As we have previously reported, the link to asbestos and J&J’s talcum powder dates as far back as the 1970s.
Now, J&J is trying to resolve the tens of thousands of claims by transferring its talcum powder liabilities to LTL Management LLC, a spin-off entity which it then placed into bankruptcy in October, pausing 38,000 individual lawsuits that had been filed against J&J.
US Bankruptcy Judge Michael Kaplan who ruled in favor of the stay apparently did so apparently to facilitate ongoing negotiations between the Plaintiffs and J&J. Plaintiffs appealed Judge Kaplan’s decision, claiming that the LTL bankruptcy case was a sham, designed to protect J&J. The US Trustee agreed with the Plaintiffs, indicating that LTL was created specifically for J&J to file the bankruptcy as LTL did not have any other business or creditors to protect other than J&J, and that LTL filed bankruptcy only after being formed for two days.
The US Department of Justice Office of the US Trustee filed an amicus brief with the 3rd US Circuit Court of Appeal, requesting the dismissal of the bankruptcy case claiming that the LTL bankruptcy was a “weapon against tort claimants rather than a good faith means of reorganization.” LTL has until August 15th to file its response.
If you suffer from ovarian cancer, fallopian tube cancer, or mesothelioma and have used Johnson & Johnson talcum powder, you may be entitled to financial compensation.
Our team at Oppenheim Law recognizes the emotional burden these complications can have on families. That is why our firm provides a team of professionals committed to zealously represent our clients.
Please feel free to contact us at (954) 324-2240 for a complimentary consultation so we can inform you of your legal rights so you can obtain the compensation to which you are entitled.
From the trenches,