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J&J proposal would end lawsuits linking its baby powder to
ovarian cancer
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J&J's two previous attempts at a bankruptcy deal failed in
other
courts
By Dietrich Knauth
NEW YORK, March 31 (Reuters) - A U.S. bankruptcy judge
on Monday rejected Johnson & Johnson's ( JNJ ) $10 billion
proposal to end lawsuits alleging that its baby powder and other
talc products cause ovarian cancer, marking the third time the
company's bankruptcy strategy has failed in court.
J&J has been attempting to resolve the lawsuits through a
subsidiary company's bankruptcy, after two previous bankruptcy
attempts failed in other courts. But the judge overseeing its
case, U.S. Bankruptcy Judge Christopher Lopez, said that the
company did not belong in bankruptcy.
"While the Court's decision is not an easy one, it is the
right one," Lopez wrote. "The Court hopes something gets done
for J&J, Red River, and claimants who also want finality on
their cases."
J&J argued that the third proposal, in Texas bankruptcy
court, should succeed because there is more money on the table
and the deal is supported by a majority of cancer victims who
voted on it.
Opponents of the deal, including attorneys for some cancer
victims and a government bankruptcy watchdog, had argued that
the third bankruptcy, like the first two, should be dismissed
because the company is not in "financial distress." A wealthy
company like J&J should not use bankruptcy to prevent cancer
victims from having their day in court, opponents said.
J&J faces lawsuits from over 60,000 claimants alleging that
its baby powder and other talc products contained asbestos and
caused ovarian cancer, which the company denies. The settlement
would have ended those lawsuits and prevent similar lawsuits
from being filed in the future.