Talcum Powder Mesothelioma Trial May Begin On March 20
New Jersey Bankruptcy Judge Michael Kaplan said he is no longer siding with the reorganizational needs of the debtor and now favors those seeking to start their talcum powder cancer trials
Thursday, February 16, 2023 - Many courts throughout the United States give preferential treatment to plaintiffs whose illnesses are so severe that they might not live long enough to see justice. California is notorious for allowing those injured by the alleged negligence of large corporations to go to the front of the line and have their trial expedited. That is what is happening to a great extent in scheduling some of talcum powder ovarian cancer and mesothelioma lawsuits that have been waiting for more than a year as the companyís legal dodge worked its way through the appeals court. Johnson & Johnson set up a separate company called LTL Management in 2020 and placed their talcum powder legal liabilities in it and then immediately filed for bankruptcy. The bankruptcy was granted by Federal bankruptcy judge Michael Kaplan in New Jersey, however, his decision was overturned by the 3rd Circuit Court of Appeals two weeks ago. About 40,000 ovarian cancer or mesothelioma lawsuits are eagerly awaiting their turn at compensation from the billions of dollars in assets Johnson & Johnson lists. The cases will certainly be activated once the final administrative challenges by Johnson & Johnson to the appeals court decision play out, a process that is expected to come to a conclusion in mid-March, 2023.
It is imperative that the court expedite hearing many of the cases as women with ovarian cancer and men and women with mesothelioma may not have long to live. Both diseases have less than a five percent chance of surviving more than five years if the disease is diagnosed in stage four or later, as is often the case. Judge Kaplan has acknowledged this and is allowing some cases of mesothelioma to proceed. One case, in particular, is set to start soon. ď Mesothelioma-stricken talc injury plaintiff, Anthony Hernandez Valadez, 24 years old, has been told that he has little time left before his mesothelioma claims his life. He blames his fatal illness on his use of Johnson and Johnsonís talc-based products. Though other mesothelioma and ovarian cancer claims remain on hold pending the Third Circuitís decision, Judge Kaplan agreed that the recent decision significantly changed the calculation regarding the urgency of the young manís case,Ē according to OnlineWiki News Encyclopedia (OWNE).
Mesothelioma is an aggressive form of lung cancer linked to inhaling asbestos. In 2020, the US Food and Drug Administration tested and found asbestos in bottles of Johnsonís Baby Powder. The company reacted by discontinuing sales of its iconic beauty care product in the United States and Canada but continued to target women in underdeveloped countries and India. According to the American Cancer Society, the overall 5-year survival rate for mesothelioma is around 10% making it imperative to consider starting the trials immediately. Ovarian cancer has a similar mortality rate and is difficult to diagnose early on. Asbestos and talc are naturally occurring organic minerals that are overlapping and interspersed in nature making it impossible to separate one from another with any degree of certainty. ">