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What does J&J’s bankruptcy claim mean for victims with cancer claims?

On Behalf of | Aug 26, 2022 | Talcum Powder

J&J continues to face allegations that its popular talc products caused ovarian cancer and mesothelioma. Victims argue the company failed to properly monitor the safety of the talc within its product. As a result, J&J allegedly sold a product to customers that contained dangerous asbestos.

The possibility of asbestos within the product should not have come as a surprise to the company as asbestos is commonly found in the same naturally occurring deposits as talc. The victims argue the company was aware of the presence of asbestos in its product since the 1950s and failed to do anything to fix the problem. Exposure to the asbestos led some users to develop serious and often deadly cancers.

What is the basic timeline of talc claims against J&J?

When victims came forward to hold the mega-corporation accountable, leaders within the organization stood by their product’s safety while simultaneously shifting all liabilities associated with use of the product to its subsidiary, LTL Management. J&J then had LTL Management pursue relief through bankruptcy.

Sound suspicious? The victims thought so, too. A group appealed the court’s decision to allow the bankruptcy to block their claims. The government appears to believe the victims. The U.S. Department of Justice’s Office of the U.S. Trustee agreed with the victim’s stance and filed a brief with the court urging they dismiss J&J’s attempt to hide behind bankruptcy.  

What is next for victims?

The most important takeaway from this post is the fact that these cases are still ongoing. Victims should not give up. The exact path towards holding J&J responsible for their negligence may change, but a path is still available.

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