A new proposed class action against Johnson & Johnson is bringing claims for damages and medical monitoring on behalf of women who have been diagnosed with cancer or may get it in the future, purportedly as a result of using the company's talc and baby powder products.
The first lawsuit on behalf of talc users to seek medical monitoring—regular testing intended to detect cancer early—was filed on Monday and opened a new tab in federal court in New Jersey. Thousands of women may be included in the proposed class, but those who have previously filed personal injury cases alleging asbestos from J&J's talc causes cancer would not be included.
According to J&J, its talc is safe, devoid of asbestos, and doesn't cause cancer.
The new lawsuit's legal firms are against J&J's plan to use a prepackaged bankruptcy to settle almost all of the talc claims against the company for $6.48 billion. In a different class action, the same companies are requesting a court order to stop the bankruptcy.
Seventy-five percent of talc claimants must vote in favour of the bankruptcy plan during the three-month voting process that ends on July 26.
J&J's global vice president of litigation, Erik Haas, stated in a statement that the plaintiffs' attorneys filed the "meritless" action on Monday in an attempt to block the bankruptcy plan because they are able to earn higher fees outside of bankruptcy, prioritising their own interests above that of their customers.
"The plaintiff firms should cease the obstructionist behavior, and let their clients decide for themselves whether to accept the pending offer," he said.
US legislators put Boeing CEO Dave Calhoun through a rigorous questioning on Tuesday.
Attorneys opposed to the agreement have refuted claims that their opposition stems from a desire for more fees and asserted that the bankruptcy plan will not fairly represent their clients.
In a statement, Chris Tisi, one of the attorneys who is bringing the new lawsuit, stated that medical monitoring was required because the bankruptcy plan's "inadequate funding" "doesn't realistically address the needs of women who could develop ovarian cancer in the future because of past baby powder use."
The bulk of instances include ovarian and other gynaecological malignancies, which are the subject of both the proposed settlement and the new class action.
People who got mesothelioma have filed fewer claims, the most of which have been resolved.
J&J has previously made two unsuccessful attempts to use bankruptcy to settle present and future talc lawsuits.
A subsidiary is established to take on the company's talc liability as part of a legal tactic called a Texas two-step, and the subsidiary files for bankruptcy to resolve the claims. Courts determined that the new subsidiary lacked the necessary "financial distress" to support bankruptcy, which is why the prior attempts failed.
(Source:www.tbsnews.net)
The first lawsuit on behalf of talc users to seek medical monitoring—regular testing intended to detect cancer early—was filed on Monday and opened a new tab in federal court in New Jersey. Thousands of women may be included in the proposed class, but those who have previously filed personal injury cases alleging asbestos from J&J's talc causes cancer would not be included.
According to J&J, its talc is safe, devoid of asbestos, and doesn't cause cancer.
The new lawsuit's legal firms are against J&J's plan to use a prepackaged bankruptcy to settle almost all of the talc claims against the company for $6.48 billion. In a different class action, the same companies are requesting a court order to stop the bankruptcy.
Seventy-five percent of talc claimants must vote in favour of the bankruptcy plan during the three-month voting process that ends on July 26.
J&J's global vice president of litigation, Erik Haas, stated in a statement that the plaintiffs' attorneys filed the "meritless" action on Monday in an attempt to block the bankruptcy plan because they are able to earn higher fees outside of bankruptcy, prioritising their own interests above that of their customers.
"The plaintiff firms should cease the obstructionist behavior, and let their clients decide for themselves whether to accept the pending offer," he said.
US legislators put Boeing CEO Dave Calhoun through a rigorous questioning on Tuesday.
Attorneys opposed to the agreement have refuted claims that their opposition stems from a desire for more fees and asserted that the bankruptcy plan will not fairly represent their clients.
In a statement, Chris Tisi, one of the attorneys who is bringing the new lawsuit, stated that medical monitoring was required because the bankruptcy plan's "inadequate funding" "doesn't realistically address the needs of women who could develop ovarian cancer in the future because of past baby powder use."
The bulk of instances include ovarian and other gynaecological malignancies, which are the subject of both the proposed settlement and the new class action.
People who got mesothelioma have filed fewer claims, the most of which have been resolved.
J&J has previously made two unsuccessful attempts to use bankruptcy to settle present and future talc lawsuits.
A subsidiary is established to take on the company's talc liability as part of a legal tactic called a Texas two-step, and the subsidiary files for bankruptcy to resolve the claims. Courts determined that the new subsidiary lacked the necessary "financial distress" to support bankruptcy, which is why the prior attempts failed.
(Source:www.tbsnews.net)
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