NEW YORK, May 1(Reuters) - Johnson & Johnson ( JNJ ) is
moving forward with a $6.475 billion proposed settlement of tens
of thousands of lawsuits alleging that its baby powder and other
talc products contain asbestos and cause ovarian cancer, the
company said Wednesday in a statement.
The deal would allow it to resolve the lawsuits through a
third bankruptcy filing of a subsidiary company. It will begin a
three month voting period in hopes of reaching consensus on a
settlement of all current and future ovarian cancer claims.
Ovarian cancer claims account for 99% of the talc-related
lawsuits filed against J&J, including about 54,000 lawsuits that
are centralized in a New Jersey federal court proceeding.
Courts have rebuffed J&J's two previous efforts to resolve
the lawsuits through the bankruptcy of the subsidiary created to
absorb J&J's talc liability, LTL Management.
J&J, which says that its products do not contain asbestos
and do not cause cancer, said that its settlement has the
support of a majority of attorneys representing plaintiffs who
have filed cancer lawsuits against the company.
J&J said it is confident that the deal will reach a 75%
support threshold needed for a bankruptcy settlement that would
end the litigation entirely, shutting off future lawsuits and
preventing people from opting out of the deal to pursue their
separate lawsuits.
The proposed deal would build on J&J's settlements with
about 95% of people who have sued the company after developing
mesothelioma, a rare form of cancer linked to asbestos exposure,
as well as its settlements with U.S. states, which have alleged
that the company failed to warn consumers about the dangers of
its talc products.
J&J did not disclose the value of the mesothelioma
settlements, but it said that it recorded an incremental charge
of $2.7 billion in the first quarter of 2024, to account for
recent talc-related settlements.
In its second bankruptcy filing, LTL put forward an $8.9
billion deal that would also have addressed the mesothelioma
cancer lawsuits and states' consumer protection actions, in
addition to the ovarian cancer claims addressed by the current
deal.
The previous bankruptcy filings put the talc litigation on
hold from 2021 to 2023, but trials have resumed after a federal
judge ruled the latest bankruptcy case should be dismissed in
July 2023.
In March, J&J received a new chance to contest the
scientific evidence linking talc to ovarian cancer in the
centralized litigation in New Jersey federal court. The judge
overseeing the cases said that recent changes in the law and new
scientific evidence require a fresh review, and he asked J&J to
present new arguments on the science by late July.
J&J said it will continue to defend itself against the
lawsuits while trying to gather votes on the settlement. The
company said it has prevailed in 95% of ovarian cases tried to
date, including every ovarian case tried over the last six
years.
But, the litigation has resulted in some large verdicts for
plaintiffs, including a $2.12 billion award in favor of 22 women
who blamed their ovarian cancer on asbestos in J&J talc. In the
past month, J&J was recently ordered to pay $45 million in a
mesothelioma case while winning an ovarian cancer case.