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Talcum Powder

Oct 20
0

THE NEW PRODUCT LIABLITY DEFENSE 3M COMBAT EARPLUG LAWSUIT

By | 3M Combat Earplugs, Talcum Powder

CHAPTER 11 BANKRUPTCY THE NEW PRODUCT LIABLITY DEFENSE

3M Combat Earplug Lawsuits

3M’s subsidiary bankruptcy filing has put a virtual stop to the 3M Combat Earplug Lawsuits. The Seventh Circuit Court of Appeals granted fast track review of the bankruptcy court order refusing an injunction to block the MDL litigation against 3M, the parent company of Aearo Technologies LLC. At stake is whether the bankruptcy filing of Aearo Technologies, stops the lawsuits of military members for hearing loss and tinnitus claims against Aearo’s parent company 3M.

What Is the Automatic Stay?

Once a petition for bankruptcy petition is filed, immediately there is an automatic stay against creditors who want to continue or start an action against a debtor or the debtor’s property. The automatic stay arises without a court order. In simple terms pre-bankruptcy litigation against debtor stopes. But what is less clear is what about litigation against an affiliated non-debtor. Is it stayed?

In the 3M Combat Earplug Litigation, 3M is the parent company and Aearo Technologies LLC is the subsidiary. Both companies are defendants in the lawsuits, and 3M is the target in the lawsuits.

MASS TORT BANKRUPTCY OBSTACTIAL

Chapter 11 allows a company to implement an operational or financial restructuring. It is a well-accepted process.

However, large corporations facing mass torts are utilizing bankruptcy of subsidiaries more frequently to stop mass torts claims. In 2021, Johnson & Johnson created an entity named LTL Management. LTL is responsible for holding and managing all the estimated 40,000 talc legal claims of Johnson & Johnson. After creation of the subsidiary, Johnson & Johnson placed LTL in bankruptcy. The Judge overseeing the bankruptcy, issued an automatic stay of the talcum powder lawsuits. The bankruptcy order is on appeal and an opinion from the Third Circuit Court of Appeals is expected soon.

TWO NUANCED QUESTIONS

Aearo’s Chapter 11 bankruptcy appeal will involve two issues:

Whether the automatic stay applies to non-debtors including parent corporations.

Whether an injunction preventing litigation against a parent company where the parent company and subsidiary are co-defendants in a lawsuit is related to the subsidiary’s bankruptcy and restructuring.

SUPREME COURT WILL DECIDE

With the Seventh and Third Circuit Court of Appeals hearing important and complex questions involving 11 U.S. Code § 362, Automatic Stay, the final say may well lie with a business-friendly United States Supreme Court. The final decision will have a profound impact on the 3M Combat Earplug Lawsuits and other mass torts cases.

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May 30
0

Talc Powder Lawsuit: J&J, Imerys Ordered to Pay $80M in Punitive Damages

By | Talcum Powder

A recent verdict finding manufacturer fault for cancer-causing asbestos in talc products has culminated with an order for Johnson & Johnson and its supplier, Imerys, to pay $80 million in punitive damages – on top of compensatory damages of $37 million for plaintiff investment banker and his wife –  to make for a combined total verdict of $117 million.

The jury ruled that both companies were aware for years their talc contained traces of asbestos – a carcinogen that’s the only known cause of a rare terminal cancer called mesothelioma.

This verdict in Lanzo v. Cyprus Amex Minerals Co. – which focused on J&J’s Shower-to-Shower product – is important not just for the sheer dollar amount, but also for the fact it is the second such case nationally to go to trial on claims that J&J’s talc products contained harmful asbestos – a fact that was concealed from consumers. Some legal analysts are calling this a “precedent-setting case for U.S. talc litigation.” One of plaintiff’s lawyers was quoted by Bloomberg News as saying this verdict sends a clear message to halt sales of this product, “because it’s dangerous and can kill people.”

J&J is fighting some 6,600 asbestos in talc injury lawsuits alleging use of its products caused ovarian cancer in unsuspecting consumers. This verdict and the subsequent damages awarded  in this case may open up a whole new front of litigation for plaintiffs who allege harm caused by asbestos in talc. The outcome serves not only tarnish the brand, but it’s likely spur more asbestos in talc lawsuits in the months to come.  Read More

Mar 16
0

Report: Asbestos Found in Talc for Children’s Makeup

By | Talcum Powder

Asbestos was reportedly discovered in children’s talc makeup products in independent lab tests conducted by consumer watchdog group U.S. PIRG Education Fund. talc injury lawyer

It’s not the first time this issue has made headlines, but it bolsters pending talc lawsuit allegations alleging contamination of cancer-causing agents like asbestos in a wide range personal care and beauty products. The fact that these products were marketed and sold for use by children makes it all the more unconscionable.

PIRG reportedly conducted its own testing of more than a dozen talc-based products sold by well-known retailers like Claire’s and Justice. What they discovered was three makeup products containing “high levels of asbestos.” The watchdog is calling on the U.S. Food & Drug Administration and retailers to immediately recall these products. Late last year, Claire’s did take nine of its makeup products off the shelves following reports those products contained tremolite asbestos.  Read More

Feb 24
0

Report: Court Documents in Talc Injury Lawsuit Suggest J&J Was Aware of Asbestos in Products

By | Talcum Powder

Talc Injury Lawsuits

Following a report indicating release of decades-old internal memos by a plaintiff in a pending talc injury lawsuit, manufacturer Johnson & Johnson, CNBC indicated its shares dropped five percent. The memos may serve as further proof the company was aware of asbestos exposure risk by talc product users as far back as the 1970s, with one employee reportedly calling the discovery of asbestos at its talc mines a, “business threat.”

Analysts opined the memos could be the catalyst, but it’s not expected to have long-term financial impact for the pharmaceutical giant. talc injury lawyer

Thousands of talc cancer claims pending across the country, and only a few have gone to trial. Bloomberg reports five juries have thus far held the drug maker liable for talc-related injuries – including a $110 million verdict in favor of a Missouri plaintiff who alleged exposure to carcinogens in talc baby powder caused her ovarian cancer, St. Louis Post-Dispatch.

A talc injury lawsuit being heard now in Middlesex County Superior Court in New Jersey. A 46-year-old man diagnosed with mesothelioma (a latent terminal cancer that develops decades after asbestos exposure) asserts he was regularly exposed to asbestos-containing talc produced by Johnson & Johnson, and that this was the proximate cause of his cancer – a danger about which the company never warned him.
Read More

Oct 30
0
Baby Powder Lawsuit

Talcum Powder Lawsuit Update

By | Talcum Powder

Talcum Powder Lawsuit Update

There have been significant developments in the Talcum Powder Lawsuit spectrum.  Most notably the reversal of two large jury decisions one from California and the other from Missouri. In one instance a jury in St. Louis, Missouri awarded Mrs. Jacqueline Fox $72 million for the development of ovarian cancer which led to Mrs. Fox’s death four months before trial.  In the Fox case, the Missouri Court of Appeals reversed and vacated the jury’s decision based on the United States Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct 1773 (2017). The case was dismissed not on the merits of the facts and the science but on whether a non-resident plaintiff (Mrs. Fox) could access a Missouri court based the defendant, Johnson & Johnson’s ties to Missouri.

In the California case, Eva Echeverria was awarded $417 million for the development of ovarian cancer that she alleged was caused by her daily use over 50 years of Johnson & Johnson baby powder.  The trial judge Maren Nelson reversed the jury’s decision based on concerns over the evidence, causation and juror misconduct.

Obviously, the reversal of two talcum powder lawsuits that resulted in substantial monetary awards is a set back for women who developed ovarian cancer and attribute their cancer to use of products such as J & J Baby Powder.

Talcum Powder Lawsuit & The Link to Ovarian Cancer

The International Agency for Research on Cancer (IARC) classifies talc that contains asbestos as carcinogenic to humans. In addition, a number of medical studies from as early as 1977 to 2016 show that talc particulates can and do migrate.  The migration of the talc particulates often evokes an inflammatory response.  Medical studies postulate that inflammation is an element in tumor development.  In a recent study that examined serum levels of inflammation and the risk of ovarian cancer found that increased ovarian cancer risk was associated with elevated levels of inflammation makers.

Talcum Powder Lawsuit Evaluation

If you or a loved one has questions about a talcum powder lawsuit, please call us for a confidential discussion of your legal rights.  Our toll free number is 1-800-745-4050.

Sep 06
0

Talcum Powder Lawsuit News – Baby Powder – Ovarian Cancer

By | Talcum Powder

J & J Baby Powder

Talcum Powder Lawsuit News

TWO TALCUM POWDER LAWSUITS WERE DISMISSED

Talcum Powder Lawsuit filed by two women were dismissed.  The two women blamed Johnson & Johnson talcum powder for their ovarian cancer.  New Jersey State Court Judge Nelson Johnson ruled that the women could not produce sufficient scientific evidence that talc causes ovarian cancer.

The plaintiffs, Brandi Carl and Diana Balderrama alleged that their use of taclum poweder in Johnson & Johnson’ Baby Powder led to the development of ovarian cancer.

In these talcum powder lawsuits, baby powder lawsuits,  Johnson & Johnson filed a motion for summary judgment seeking dismissal of the two cases.  J & J argued that the plaintiffs’ experts were unable to link talcum powder use to ovarian cancer. Judge Johnson agreed ruling that the experts testimony suffered from multiple deficiencies.

The two cases were set for trial in October, 2016.  Presently, there are over two hundred cases filed in New Jersey state court and the ruling will impact those two hundred cases.

Previously, Johnson & Johnson lost two trials in St. Louis where one jury awarded $72 million in damages and another jury awarded $52 milion.

The ruling will be scrutinized by attorneys for both sides.

Talcum Powder Lawsuit Evaluation

The James Esparza Law Group is focused solely on representing individuals and families that have been harmed by defective products. If you or a loved one has be diagnosed with ovarian cancer and regularly used  baby powder we can help. We have helped thousands. We can help you too. Call 1-800-745-4050.

 

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