Thousands Are Waiting On The Appeals Court To Decide On The Johnson & Johnson Talc-Only Bankruptcy Plan
New Jersey bankruptcy judge Michael Kaplan told reporters that the best chance to settle a plaintiff's talcum powder ovarian cancer claims lies in the Texas Two-Step
Wednesday, June 29, 2022 - All interested parties, including more than 38,000 that have filed talcum powder cancer lawsuits, that have filed to sue Johnson & Johnson, are awaiting the results of an appeal of the company's use of the Texas Two-Step bankruptcy code to shelter their billions of liquid assets from legal liabilities. Since 2016, dozens of women with ovarian cancer and men and women with mesothelioma, a form of lung cancer, have been awarded billions of dollars in real monetary compensation and punitive damages awards. Jurors and judges have been astounded to hear sworn testimony of how the company lied and continues to lie in public about its iconic brand of talcum powder containing asbestos as court transcripts show it to be true. According to the US, Senator Dick Durbin (D-Illinois), enacting the Texas Two-Step bankruptcy umbrella would create a two-tiered justice system... one for the rich and one not so good for the poor. Durban told the press and was reported by FiercePharma.com, "For years, Johnson & Johnson denied claims that its products contained asbestos. But internal company documents obtained through the discovery process told a different story. They showed that Johnson & Johnson knew about the asbestos in their products while they were actively advertising the use of this product by adults and to use it on our babies." Memos state that executives at Johnson & Johnson struggled with the decision to rebrand their talcum powder away from targeting babies because they thought that mothers would not use asbestos contaminated powder on an infant if even the smallest particle of asbestos could be found in it. The company redirected its marketing towards African American women in the southern, humid, US states with radio and TV ads and also by handing out samples of Shower to Shower Body deodorant at Baptist churches. A lawsuit filed against J & J by the National Council of Negro Women, alleges that the company sold talcum powder products it knew were contaminated with carcinogenic asbestos. According to FP, "Johnson & Johnson later hired a firm that handed out 100,000 gift bags containing powder products at churches and other locations in Chicago, launched a radio campaign in the Southern U.S. targeting "curvy southern women" and considered signing Patti LaBelle or Aretha Franklin as a spokesperson, among other efforts, the suit says."
In the effort to avoid more lottery-like jury awards, Johnson & Johnson spun off its talcum powder lawsuits into a company they created out of thin air called LTL management and then filed for bankruptcy in North Carolina, a state with a history of understanding bankruptcy law. The bankruptcy venue was then transferred to New Jersey, home to both Johnson & Johnson headquarters, and also multidistrict litigation that organizes the 38,000 ovarian cancer lawsuits filed against the company. Daubert investigative hearings held about two years ago brought forth the scientific testimony of expert microscope biologists and also those at the Food and Drug Administration, that confirmed Johnson's Baby Powder was contaminated with asbestos. Johnson & Johnson discontinued selling talcum powder in North America, but, once again, continues to market it to women of color in India and elsewhere.