NEW YORK, May 1(Reuters) - Johnson & Johnson ( JNJ )
said on Wednesday it is moving forward with a $6.48 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 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. Those 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 the company's talc liability, LTL Management.
J&J, which says its products do not contain asbestos and do
not cause cancer, said that its settlement is supported by
attorneys representing the majority of plaintiffs who have filed
cancer lawsuits against the company.
Erik Haas, J&J's worldwide vice president of litigation,
said gathering votes before a bankruptcy filing would allow the
new plan would succeed where J&J's past efforts faltered.
"The claimants get to vote, and that's the major difference
here," Haas said in a Wednesday call with investors.
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 claims.
Attorneys representing cancer victims seemed divided on the
proposal on Wednesday.
"I believe J&J's proposed plan announced today will bring
peace and closure to our clients and the thousands of women who
have fought by our side in the quest for justice," said Jim
Onder, who represents about 21,000 talc claimants and who
supported J&J's previous bankruptcy proposal.
Other lawyers said J&J is trying to "stuff the ballot box"
by getting votes from lawyers who have not sued J&J or whose
clients have types of cancers that do no have a strong
scientific link to talc.
Mike Papantonio, an attorney opposed to the deal, said J&J
has been "covertly soliciting law firms to accept their deal,
promising a swift payday for some opportunistic lawyers."
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.
$11 BILLION IN RESERVES
J&J said it set aside a total reserve of $11 billion to
account for all of its talc settlements, including the proposed
ovarian cancer settlement, mesothelioma claims, states' claims,
and settlements with two bankrupt companies that supplied talc
used in J&J's products. J&J recorded an incremental charge of
$2.7 billion in the first quarter of 2024, added to its previous
reserve for talc litigation.
In its second bankruptcy filing, LTL put forward an $8.9
billion deal that would have dealt with all talc-related claims
at once.
After that deal was rejected, Haas said it was more
practical to settle mesothelioma claims outside of bankruptcy
before addressing much larger group of 85,000 to 100,000 ovarian
cancer claims. Haas said J&J faced hundreds of mesothelioma
lawsuits, and it has settled all but 153 lawsuits.
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.
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.