Mesothelioma Victims Encouraged as Judge Rejects J&J Bankruptcy Again
Tens of thousands of mesothelioma and ovarian victims have been watching and waiting as a New Jersey bankruptcy judge considered a second bankruptcy filing from consumer giant Johnson & Johnson. The victims, who blame the company for negligently exposing them to asbestos-contaminated talc in their iconic baby powder product, learned late last summer that the court had again rejected the company’s claim, noting that they continued to demonstrate that their economic situation justified having their financial liabilities discharged.
New Jersey Bankruptcy Judge’s Decision Inspires Hope that Mesothelioma Victims Will See Justice
Like several other companies facing significant mesothelioma claims, Johnson & Johnson elected to pursue a controversial legal maneuver known as a Texas two-step in which they established a new subsidiary, LTL Management that held all of their asbestos liabilities, then filed for bankruptcy protection. The maneuver effectively put all outstanding claims on hold, leaving sick and dying victims waiting for the courts to address the issue.
U.S. Bankruptcy Judge Michael Kaplan had initially approved the petition, only to have his decision overturned by the U.S. appeals court, which noted that bankruptcy protection was inappropriate for companies that were not facing significant financial distress. The company then attempted the maneuver again, submitting new arguments in support of its claim and offering an $8.9 billion settlement for victims. Judge Kaplan’s recent denial of this second application is offering mesothelioma victims new hope.
Disagreement Among Mesothelioma Victims
The group that is trying to block the bankruptcy petition is made up of people diagnosed with malignant mesothelioma or ovarian cancer, or their survivors. Some others who have suffered the same fate and who have outstanding claims against Johnson & Johnson are in favor of accepting the settlement, but the plaintiffs argue that the company’s offer does not provide enough for victims who have not submitted claims because they have not yet been diagnosed with an asbestos-related disease.
Johnson & Johnson continues to argue that their product is safe and never contained asbestos, but one of the plaintiffs’ attorneys responded by saying, “J&J has spent two years trying to convince us that somehow a company worth a half-trillion dollars is bankrupt. It’s time for the nonsense to stop and for J&J to accept responsibility.”
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