Sept 20 (Reuters) - A Johnson & Johnson ( JNJ ) subsidiary filed
for bankruptcy for a third time on Friday as the healthcare
giant seeks to advance an approximately $10 billion proposed
settlement that would end tens of thousands of lawsuits alleging
that the company's baby powder and other talc products caused
cancer.
J&J faces lawsuits from more than 62,000 claimants who
alleged that its baby powder and other talc products were
contaminated with asbestos and caused ovarian and other cancers.
To stop those lawsuits, J&J subsidiary Red River Talc filed for
bankruptcy protection in Houston bankruptcy court.
The company has denied the allegations and has called its
products safe.
Erik Haas, J&J's worldwide vice president of litigation,
said on Friday that the settlement was "fair and equitable to
all parties" and that 83% of current talc claimants had voted
for it.
After being rebuffed twice by federal courts, New Brunswick
New Jersey-based J&J is attempting again to end the litigation
in a so-called "Texas two-step" bankruptcy.
The "two-step" maneuver involves offloading its talc
liability onto a newly created subsidiary that then declares
Chapter 11, a type of bankruptcy that involves a reorganization
of assets and debts under court supervision. The goal is to use
the proceeding to force all plaintiffs into one settlement,
without requiring J&J itself to file for bankruptcy.
Bankruptcy judges can enforce global settlements that
permanently halt all related lawsuits and forbid new ones.
Outside of bankruptcy, any settlement J&J reached with some
claimants would still leave holdouts or future plaintiffs with
the right to sue - and leave the company exposed to potential
multibillion-dollar verdicts that encouraged it to use a
two-step in the first place.
To improve its chances in a third bankruptcy effort, J&J
asked plaintiffs to vote on its proposed deal ahead of time to
ensure that it has enough support for its plan to succeed. J&J
needed more than 75% to back the plan for a bankruptcy judge to
impose the deal on all plaintiffs.
J&J's third attempt at a bankruptcy settlement also differs
from its previous efforts in part because it focuses only on
ovarian and other gynecological cancer claims, building on J&J's
previous settlements with state attorneys general and people who
had sued after developing mesothelioma, a rare form of cancer
linked to asbestos exposure.
J&J's proposed settlement would pay talc claimants about $10
billion over 25 years. The present value of the settlement is
roughly $8 billion after J&J recently agreed to kick in an
additional $1.1 billion to the settlement fund and pay $650
million in legal fees to attorneys that had previously opposed
the settlement offer.
The company has been engaged in a bitter fight with lawyers
opposing its third attempt to settle the litigation through this
maneuver.
Its bankruptcy strategy still faces legal hurdles. These
include a June U.S. Supreme Court decision involving Purdue
Pharma's bankruptcy, court orders dismissing its previous
efforts and proposed federal legislation aimed at preventing
financially healthy companies like J&J from benefiting from
bankruptcy protection.