Bottles of Johnson & Johnson baby powder line a drugstore shelf in New York Oct 15, 2015.NEW YORK — A US judge on Thursday halted most of the tens of thousands of lawsuits alleging Johnson & Johnson’s baby powder and other talc products caused cancer and stopped any trials as part of a company subsidiary’s second attempt to settle cases in bankruptcy proceedings.
The J&J subsidiary, LTL Management, filed for bankruptcy a second time earlier this month to help finalise the latest deal, despite a federal appeals court’s decision in January that invalidated its first Chapter 11 filing, on the grounds the J&J unit was not in financial distress. LTL Management argued that allowing litigation against J&J to continue would imperil current settlement efforts. J&J previously used a complex legal manoeuvre, known as a Texas two-step, to shift responsibility for the lawsuits to LTL.
The judge’s ruling kept in legal limbo consumers alleging J&J talc caused their ovarian cancer or mesothelioma. Some plaintiffs allege asbestos in the talc sickened them. For now, none can test their claims before juries.The healthcare conglomerate has not filed for bankruptcy itself. In October 2021, J&J divided its consumer business in two and offloaded the talc lawsuits onto a newly created subsidiary, LTL, which then declared bankruptcy.
A US Department of Justice official charged with monitoring the case has also pushed back against the second bankruptcy.“Undoubtedly, the debtor has an uphill battle,” Kaplan said, referring to LTL’s settlement and reorganisation prospects.
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