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J&J Shot Down in U.S. Appeals Court for Talc-Cancer Cases

J&J Shot Down in U.S. Appeals Court for Talc-Cancer CasesPhoto by Ekaterina Bolovtsova from Pexels

Ovarian cancer patients in the process of suing Johnson & Johnson for causing their disease with talc-based products including baby powder recently heaved a sigh of relief.

On January 30, 2022, a federal appeals court denied the company’s attempt to evade paying over 38,000 lawsuits by claiming bankruptcy.

These cases, often worth hundreds of millions of dollars, continue to pile up for J&J, and Buttafuoco & Associates has been fighting for victims’ rights by taking on the pharmaceutical giant in mass tort cases.

If you have been diagnosed with ovarian cancer and believe J&J talcum powder products are to blame, a talc powder ovarian cancer lawsuit may be worth considering.

One of our product liability attorneys in New York can tell you more during a free consultation.

Texas Two-Step: A Ploy to Avoid Paying Cancer Victims

This case is exciting not only to ovarian cancer patients, but to anyone interested in U.S. corporate liability law.

In a nutshell, J&J and other major companies have recently attempted to avoid lawsuit payouts by filing what are known as “Texas two-step bankruptcies.” In these maneuvers, a company creates a subsidiary, transfers all liabilities there, and then files for Chapter 11.

It’s a sneaky way to avoid huge lawsuits.

In the court’s eyes, Johnson & Johnson stepped over the line, ruling that the pharmaceutical giant–who was facing $3.5 billion in settlements and verdicts–had essentially caused the subsidiary’s bankruptcy by transferring talc lawsuits there for no good reason. J&J wasn’t in financial distress at the time, and it was clear that they had moved the talcum powder lawsuits and bankrupted the subsidiary for no other reason than to avoid paying deserving victims.

Many legal experts have argued that the Texas Two-Step sets an incredibly disturbing example for any company that wants to avoid expensive high-profile cases.

They believe it will cause companies to slow down and consider the possible outcomes before jumping to do whatever they can to avoid paying a lawsuit.

As of the ruling, the lawsuits are all back on the table and J&J will be spending a significant amount of time in court. They plan to seek a review from the U.S. Supreme Court.

A Long History of Deception

For decades, Johnson & Johnson claimed that their talc products were perfectly safe.

Meanwhile, victims of the company who had used Johnson’s baby powder continued to be diagnosed with the deadliest gynecologic cancer: ovarian cancer.

As it turned out, the talc based baby powder products contained asbestos, a carcinogen that has long been linked to cancer, which can enter the vagina and cause tumors in the reproductive organs.

What’s worse, cancer can develop decades after talc was last used.

Even when research showed that talcum powder could cause cancer, J&J went on claiming their product was safe for decades, putting even more women at risk. In May of 2020, they finally pulled products from the shelves, but for many women, it was too little too late.

Buttafuoco & Associates has been leading the fight against Johnson & Johnson by working with victims through the mass tort process. We have seen firsthand how this product has damaged tens of thousands of women’s lives, and continue to fight for victims’ rights.

If you have cancer and are concerned that it may have been caused by a talcum powder product, get in touch with us right away to learn if you have a case. You’ll be connected with a New York product liability lawyer who can answer your questions about product liability litigation and discuss how best to fight for your rights.

How Talc Lawsuit Compensation Works

A significant number of talc-cancer lawsuits have been heard in New York courts. Our state courts are a good place for these talc cases to be heard, as New York law is truly on the consumer’s side when it comes to product liability.

Victims may be eligible for a wide variety of damages, including medical bills, loss of wages, inability to earn a wage, in-home care, loss of enjoyment of life, disability, pain and suffering, and more.

Compensation is determined based on the severity of each victim’s case.

Mass torts involve hearing multiple cases at once, which often speeds them along so they are resolved faster than individual lawsuits. Throughout the process, victims still work with an individual New York product liability lawyer and receive personalized attention and support.

There are many upsides to mass torts, but among the biggest is the fact that many attorneys can share evidence and present it together, which can create a more powerful case than evidence from an individual lawsuit would.

Have You Been Diagnosed with Ovarian Cancer?

If you have been diagnosed with ovarian cancer, a product liability attorney in New York with Buttafuoco & Associates may be able to help.

We fight hard for victims’ rights against big companies and will fight for yours, too.

Get in touch today at 1-800-NOW-HURT.

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