Families seeking accountability from Johnson & Johnson for their dangerous talc products can breathe a sigh of relief after a late January decision by the U.S. 3rd Circuit Court of Appeals in Philidelphia dismissed a bankruptcy filed by Johnson & Johnson and allowed nearly 40,000 talc lawsuits to proceed.
In 2021, Johnson & Johnson attempted to halt more than 38,000 lawsuits by creating a subsidiary company to absorb liabilities and immediately filing for Chapter 11 bankruptcy. However, in late January a U.S. appeals court ruled that J&J improperly created and placed a subsidiary company into bankruptcy despite facing no financial distress. This ruling revives those lawsuits.
“The 3rd Circuit Court of Appeals made the right decision not to let a large company use a legal maneuver to avoid liability,” Mass Torts Attorney Timothy Roehrs said. “While a fight remains on this issue, this ruling is a big step in the right direction. Ultimately, I’m glad for all of the claimants who have experienced the pain and loss of cancer to potentially have their cases heard.”
Filing bankruptcy amid mass litigation has become a common legal practice to avoid corporate accountability. However, the 3rd Circuit’s ruling marks one of the first repudiations of this strategy.
What Does J&J’s Failed Bankruptcy Attempt Mean for Victims?
The court’s rejection of Johnson & Johnson’s bankruptcy bid means those hurt by the company’s product can argue for justice.
In what has become known as the Texas two-step, J&J attempted to avoid the lawsuits in which thousands of women and people assigned female at birth say the company’s talcum baby powder products led to ovarian cancer. Additionally, people of all genders allege that the product is responsible for their development of mesothelioma.
Who Qualifies for the Talcum Powder Lawsuit?
Anyone who used talcum powder and was diagnosed with ovarian cancer, fallopian tube cancer or mesothelioma qualifies for the talcum powder lawsuit if they used one of the following as part of their daily hygiene routine:
- Johnson & Johnson Baby Powder
- Johnson & Johnson Shower to Shower
If you believe this applies to you or a family member, schedule a free consultation with one of our Talcum Powder Lawsuit Lawyers.
When Will Talcum Powder Settlements Start?
As a mass litigation case, talcum powder lawsuits may take years to resolve. J&J’s move to file for bankruptcy stalled the lawsuits for 15 months. However, because these cases are now moving out of bankruptcy, plaintiffs’ lawyers are one step closer to helping their clients get the compensation they deserve.
Why Did the Bankruptcy Stall the Talc Lawsuits?
An automatic stay is put in place when a bankruptcy is filed. In other words, bankruptcy protects debtors from being sued while the bankruptcy is pending. Now that the bankruptcy has been rejected, lawsuits against the company can proceed.
How Much Money Will I Receive from a Talc Lawsuit?
Without knowing the specifics of your unique situation, it is difficult to assess how much money clients will receive from a Johnson & Johnson Talc Lawsuit. Schedule a free consultation at 800-359-5690 with a Talc Lawsuit Lawyer to discuss your legal options.
These lawsuits have the potential to cover the following costs related to your cancer diagnosis:
- Medical expenses associated with the illness such as costs for diagnosis, treatment, rehabilitation, and follow-up care
- Lost wages
- Pain and suffering
If you pursue a wrongful death claim, additional compensation may be available to the surviving family, such as:
- Funeral expenses
- Loss of consortium
- Loss of decedent’s future income
The Carlson Law Firm Can Help
Johnson & Johnson’s bid to end talc lawsuits failed miserably. Our attorneys have been fighting every step of the way to ensure our client’s voices are heard. In some cases, news about the bankruptcy deterred potential plaintiffs from contacting a lawyer for representation. This is no longer a concern. Get the help you need from an experienced and compassionate legal team. We have helped thousands of families recover millions of dollars in the name of justice.
Since 1976, our firm has been offering legal representation when you need it most. If you have questions about a talcum powder lawsuit, contact an experienced and compassionate lawyer at 800-359-5690. We care. We can help.
