Monday, December 9, 2024

Johnson & Johnson’s Subsidiary Files for Bankruptcy to Resolve Ovarian Cancer Talc Claims

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Key Takeaways

  • Red River Talc LLC, a Johnson & Johnson subsidiary, has filed for a prepackaged Chapter 11 bankruptcy to address ovarian cancer claims.
  • 83% of current claimants support the bankruptcy plan, with a settlement commitment raised to $8 billion.
  • This bankruptcy plan aims to resolve nearly all talc-related claims in the U.S.

Johnson & Johnson announced that its subsidiary, Red River Talc LLC, has filed a voluntary prepackaged Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of Texas aiming to resolve all current and future claims related to ovarian cancer arising from talc-based cosmetic products. This decision follows extensive negotiations with claimants and stakeholders, resulting in overwhelming support for the proposed settlement.

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Approximately 83% of current claimants have agreed to the bankruptcy plan, surpassing the required 75% threshold for confirmation under the U.S. Bankruptcy Code. Additionally, the Plan is endorsed by the Future Claims Representative, representing individuals who may file claims in the future. Johnson & Johnson emphasized that this filing aims to bring finality to the long-standing litigation and provide fair compensation to affected individuals.

Settlement Commitment Raised to $8 Billion

As part of the negotiations leading to the Chapter 11 filing, Red River increased its financial commitment to the settlement fund by $1.75 billion, raising the total value of the settlement to approximately $8 billion. This figure represents the present value of the funds, with payouts expected over the next 25 years. The company has agreed to contribute an additional $1.1 billion to a bankruptcy trust dedicated to compensating claimants. Furthermore, Johnson & Johnson has committed an extra $650 million to resolve legal fees and expenses associated with the multi-district litigation, where most of the ovarian cancer claims are concentrated.

The proposed settlement is one of the largest mass tort settlements in history and seeks to provide claimants with far greater recovery than they could expect through litigation. Johnson & Johnson noted that it has successfully defended itself in approximately 95% of ovarian cancer cases tried so far, with many claimants failing to recover any compensation at trial. Without the bankruptcy resolution, litigating the remaining cases could take decades, leaving many claimants without timely compensation.

Resolution for Almost All Talc Lawsuits

The bankruptcy Plan is designed to resolve 99.75% of all pending talc-related lawsuits in the U.S. filed against Johnson & Johnson and its affiliates. The remaining 0.25% of cases, primarily involving mesothelioma claims, will be handled separately from this bankruptcy process. Johnson & Johnson has already resolved 95% of mesothelioma-related lawsuits and continues to address these claims outside of the Chapter 11 filing.

In addition to resolving individual lawsuits, the Plan also settles claims brought by various state consumer protection agencies and other talc-related litigation involving suppliers such as Imerys Talc America, Inc. and Cyprus Mines Corporation. Despite the settlement, Johnson & Johnson continues to maintain that the talc claims against it are without merit. The company has consistently pointed to decades of scientific studies and findings from regulatory bodies that support the safety of its talc products.

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Company’s Position on the Safety of Talc Products

Johnson & Johnson reiterated its long-standing position that its talc products are safe and free from asbestos. The claims against the company are based on allegations that its talc-containing products, including baby powder, caused ovarian cancer in women who used them. These allegations have been rejected by multiple independent scientific studies and regulatory agencies over the years.

For more information about the science behind Johnson & Johnson’s stance on talc safety, the company encourages individuals to visit its dedicated website. Additionally, detailed information regarding Red River Talc LLC’s Chapter 11 filing and related court proceedings is available through the claims agent’s website.

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A Path to Final Resolution for Ovarian Talc Claims

The Plan represents an effort by Johnson & Johnson to close the chapter on its involvement in talc litigation. The settlement, negotiated over several months, is seen by the company as a fair and equitable solution for all parties involved. The Chapter 11 bankruptcy process will provide a structured path to compensation for claimants while allowing Johnson & Johnson to resolve almost all of its talc-related legal liabilities.

By consolidating the litigation into a single bankruptcy proceeding, Johnson & Johnson hopes to streamline the claims process and avoid prolonged legal battles. The company believes that this approach will provide claimants with the best opportunity for recovery while maintaining its commitment to defending the safety and integrity of its products. Johnson & Johnson is a global leader in healthcare innovation, dedicated to improving human health through its divisions in pharmaceuticals, medical devices, and consumer health products. Founded in 1886, the company has continually advanced the treatment and prevention of complex diseases through its expertise in medicine and technology.

Johnson & Johnson is committed to pioneering breakthroughs in healthcare that address the needs of patients worldwide. The company remains focused on delivering personalized healthcare solutions that are more effective and less invasive, helping people lead healthier, longer lives. For over 130 years, Johnson & Johnson has worked to build a healthier future for all, through innovation and leadership in healthcare.

 

Resource: Johnson & Johnson, September 20, 2024


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