Photo by Claire AndersonIn a recent ruling on April 23, 2023, a U.S. federal bankruptcy judge Michael Kaplan ruled to halt thousands of talc powder cancer lawsuits against Johnson & Johnson, a pause that will remain in effect until mid-June.
While cases cannot go to trial, they can still be filed and legal proceedings, including depositions, can continue. The judge’s decision affects nearly 40,000 lawsuits filed against J&J, which allege that talc baby powder use caused ovarian cancer or mesothelioma.
At Buttafuoco & Associates, our New York talc cancer attorneys continue to work on these cases and fight for victims’ rights. I’ll tell you more about the new developments below.
$8.9 Billion Settlement Announced in April
This pause comes after recent developments of an $8.9 billion settlement offered to victims earlier this month by Johnson & Johnson, with additional money set aside for future cases. J&J argues that this will produce faster, more equitable payouts to victims compared to trials. However, they still refuse to admit any wrongdoing, despite the fact that their talcum powder products have been known to contain asbestos, a cancer-causing agent, for decades.
Critics of the settlement cite that it involves yet another abuse of the bankruptcy court system on J&J’s part. The settlement would require the approval of the bankruptcy filing of LTL, a subsidiary spun off of J&J in a corporate legal maneuver known as the “Texas Two-Step.”
In short, this is when a corporation consolidates assets in a separate company to shield the original company from legal liability, and the new company then files for bankruptcy, thereby severely limiting how much plaintiffs can seek in damages.
LTL’s bankruptcy was dismissed by a U.S. appeals court in 2021.
Since then, J&J has faced mounting legal and public pressure over the safety of its talc products.
Although they pulled talc powder from shelves in 2022, they maintain that the connection to cancer cases is scientifically baseless. At Buttafuoco & Associates, our talc cancer attorneys in New York continue to fight for victims’ rights.
Can I Still File a Talcum Powder Lawsuit?
Even though the new ruling temporarily halts litigation, it’s important to remember that talc lawsuits can still be filed and other pre-trial processes can continue to move forward. If you or a loved one has been diagnosed with cancer after using Johnson & Johnson’s baby powder, it’s important to speak with an experienced New York talc cancer lawyer.
Buttafuoco & Associates has a team of skilled attorneys who specialize in mass tort cases like talcum powder lawsuits, and have helped many clients receive the compensation they deserve.
We understand the emotional toll and financial distress that a cancer diagnosis can take on you and your family. That’s why we offer a free consultation to all potential clients, so that we can understand the unique circumstances of your case and provide you with the guidance you need.
If you believe that you may have a talc powder claim, don’t wait to speak with a Talc cancer lawyer serving New York.
Contact Buttafuoco & Associates today at 1-800-NOW-HURT to schedule your free consultation and take the first step toward justice.
