J&J Faces New Class Action Over Talc, Seeks Medical Monitoring for Cancer
Johnson & Johnson (J&J) is encountering a fresh challenge with a newly proposed class action lawsuit that demands medical monitoring for women potentially affected by their talc products. This lawsuit, filed on Monday in the New Jersey federal court, aims to provide regular cancer screening to early detect any developing issues linked to talc use.
Lawsuit Details
The lawsuit is unique as it focuses on health monitoring, ensuring women who used J&J's baby powder and other talc items get regular checks for cancer. Women already diagnosed with cancer or at risk could benefit significantly. This proposed group might include thousands but excludes the 61,000 individuals already suing J&J for personal injuries, alleging the talc contains cancer-causing asbestos. J&J maintains their talc is safe, asbestos-free, and doesn't cause cancer.
Opposition to Bankruptcy Settlement
The law firms behind this lawsuit oppose J&J's plan to settle nearly all talc claims for $6.48 billion via a prepackaged bankruptcy. Parallel to this, another class action seeks to block this bankruptcy proposal. To move forward, the proposal needs approval from 75% of talc claimants, with voting ending on July 26.
Statements from J&J and Opposing Lawyers
Erik Haas, J&J's worldwide VP of litigation, called the lawsuit "meritless", accusing plaintiffs' lawyers of prioritizing higher fees over clients' best interests by resisting the bankruptcy plan. In contrast, opposing lawyers argue that the bankruptcy proposal undercompensates their clients. Chris Tisi, a lawyer in the new lawsuit, stressed the need for medical monitoring due to the "inadequate funding" in J&J’s bankruptcy plan, which fails to address long-term health needs.
Concerns About Cancer
Both the proposed settlement and the new lawsuit primarily concern claims that talc caused ovarian and other gynecological cancers, which form the majority of cases. There are also existing claims by individuals who developed mesothelioma, most of which have been settled.
J&J's Previous Legal Strategies
J&J has previously attempted and failed to settle talc claims through bankruptcy using a strategy known as the Texas two-step. This involves creating a subsidiary to take on the company's talc liabilities, which then declares bankruptcy. However, earlier attempts were dismissed as the subsidiary didn’t show sufficient "financial distress".
In summary, as Johnson & Johnson navigates numerous legal battles over alleged asbestos in their talc products, the call for medical monitoring signifies a shift towards ensuring women's health and safety, amidst ongoing disputes over the adequacy of proposed settlements.
