New Straits Times

J&J SEEKS TO COMBINE TALC POWDER SUITS

Firm facing more than 14,000 claims its products caused cancer

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JOHNSON & Johnson (J&J) wants a federal judge to take over more than 2,000 baby-powder suits it faces instead of allowing the cases to be heard by state-court juries, where the company has a mixed record.

The world’s largest maker of healthcare products seeks to invoke legal protection­s available to J&J’s bankrupt talc supplier Imerys Talc America Inc to collect suits accusing its baby powder of causing asbestos-related cancers before a single judge in Delaware.

Imerys sought Chapter 11 protection in bankruptcy court there

in February after being swamped by talc suits.

Because it hasn’t filed for bankruptcy protection, J&J would normally not be entitled to demand state-court litigation be halted or transferre­d to a federal court.

But a special bankruptcy law provision allows Imerys creditors with significan­t financial ties to the talc miner to make the request to promote “expeditiou­s resolution of claims,” according to Thursday’s filing.

“Because the claims raise common questions of fact, law, and science, the current nationwide” round of pre-trial informatio­n exchanges “is duplicativ­e, unpredicta­ble, and wasteful,” said J&J in court papers.

J&J is facing more than 14,000 claims its talc products caused ovarian cancer or mesothelio­ma, a rare cancer linked to asbestos exposure. The company denies its products ever contained the carcinogen and argues talc on its own doesn’t cause the life-threatenin­g illnesses.

More than 11,000 of those suits filed in federal courts around the United States already have been consolidat­ed before a federal judge in New Jersey for pre-trial informatio­n exchanges. J&J’s request aims to set up a similar — but smaller — concentrat­ion of the state court cases, here.

J&J faces more than a dozen trials, mainly in California, over the next five months, according to data compiled by Bloomberg.

The company has a mixed record when juries have weighed the talc cancer cases. J&J prevailed in a New Jersey trial last month, two weeks after a jury in Oakland, California, hit it with US$29 million (RM120.14 million) in damages.

J&J’s lawyers noted in their filing they aren’t seeking to bring cases, here, that have already gone to trial or are in the juryselect­ion process.

That would include a nearly US$4.7 billion verdict against J&J last year in state court in Missouri on behalf of 22 women who blamed their cancers on baby powder use and a US$117 million verdict on behalf of a male user of the talcum powder in state court in New Jersey.

 ?? REUTERS PIC ?? Johnson & Johnson, the world’s largest maker of healthcare products, is seeking to invoke legal protection­s available to its bankrupt talc supplier Imerys Talc America Inc.
REUTERS PIC Johnson & Johnson, the world’s largest maker of healthcare products, is seeking to invoke legal protection­s available to its bankrupt talc supplier Imerys Talc America Inc.

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