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We stand with dozens of other plaintiffs firms that are leading litigation against J&J” – James Ferraro, Jr. Partner The Ferraro Law Firm
As a law firm that handles product liability cases, The Ferraro Law Firm stands with other MDL plaintiff firms, in denouncing Johnson & Johnson’s (J&J) $8.9 billion bankruptcy plan. This plan is not a settlement but an illusory proposal that misuses the bankruptcy system to J&J’s advantage.
J&J’s subsidiary LTL Management LLC (LTL) has re-filed for Chapter 11 bankruptcy protection, which has been met with outrage from attorneys of plaintiffs claiming that the company’s talc-based products caused their ovarian cancer or mesothelioma. The reorganization plan has been touted as a means to “equitably and efficiently resolve” tens of thousands of talc claims. However, many lawyers argue that the plan is a scam, and the math simply doesn’t add up. The plan would require J&J to represent that it could get 75% of talc claimants to participate, but attorneys believe that this is unlikely. The average cost to a family of an ovarian cancer victim exceeds $ 500,000, and the compensation offered in J&J’s plan would not come close to compensating for this. The lawsuits claim that J&J deceptively marketed the talc-based products for feminine hygienic use without disclosing talc’s carcinogenic properties. The bankruptcy ploy is seen as a shady litigation tactic, as a result of which thousands of women have gone and could continue to go without compensation.
The bankruptcy filing by LTL is a maneuver to escape liability for the harm caused by its talc-based products. The reorganization plan presented by J&J is considered a low-ball settlement offer that does not come close to compensating women who have suffered at the hands of the corporation for decades. The plan seeks to give compensation that does not even cover the medical expenses and lost wages of the victims and their families.
The attorneys representing the victims have opposed J&J’s scheme and called on claimants and their attorneys to think more deeply about the matter. They also criticized the lawyers who have given commitments to support J&J’s reorganization plan rather than fighting for their clients at trial. The threat of more delays for compensation and the vulnerability of the victims could turn heads, leading them to consider accepting J&J’s low-ball settlement offers.
The J&J talcum powder litigation comprises nearly 50,000 individual talcum powder lawsuits from individuals who allegedly developed ovarian cancer or mesothelioma after regular, prolonged use of Johnson’s Baby Powder and Shower to Shower body powder. The lawsuits claim that Johnson & Johnson deceptively marketed the talc-based products for feminine hygienic use without disclosing talc’s carcinogenic properties.
J&J has been accused of lying to American women for 50 years, lying to the court, its shareholders, the media, and the families of women they’ve harmed. The attorneys representing the victims have vowed to fight J&J’s scheme and hold the corporation accountable for its actions.