Johnson & Johnson confirmed Tuesday it will offer to pay as much as $8.9 billion to settle thousands of claims that the company’s talcum-based powder caused cancer. The company continued to deny wrongdoing Tuesday, despite the settlement offer. File Photo by Dan Peled/EPA-EFE
April 4 (UPI) — Johnson & Johnson confirmed Tuesday it will offer as much as $8.9 billion to settle thousands of claims that the company’s talcum-based powder caused cancer.
The New Jersey-based multinational medical giant agreed to contribute a total of $8.9 billion over 25 years to resolve all current and potential future liabilities. That figure is $6.9 billion higher than the company’s previous attempts to resolve the situation.
The company’s LTL Management subsidiary also re-filed for Chapter 11 bankruptcy, according to a filing with the Securities and Exchange Commission.
Johnson & Johnson created the LTL subsidiary in 2021, specifically to handle the plethora of lawsuits against its popular baby powder.
Over 60,000 registered claimants are supporting the proposal, according to LTL. The deal would still need to be approved in federal bankruptcy court.
A federal appellate court in January rejected the company’s previous bankruptcy claim as it attempted to protect itself from thousands of lawsuits related to claims its talcum-based powder was contaminated with asbestos, a carcinogen.
At the time, a judge found neither Johnson & Johnson nor the LTL subsidiary met the requirements, saying “only a putative debtor in financial distress” is eligible to make a bankruptcy claim.
Lawyers representing plaintiffs applauded the move Tuesday.
“This is the largest products liability settlement ever realized after a bankruptcy filing. Today, J&J committed $8.9 billion to fairly compensate these deserving women,” attorney Mikal Watts, who represents the group TalcPowderJustice.com, said in a statement.
“Our job is to get our clients restitution for their injuries, and this settlement is the culmination of over a decade of fighting for justice.”
Johnson & Johnson this year ended all international sales of its talc-based baby powder over the cancer-causing claims. It initially said in 2020 it would end sales of the products.
The company continued to deny wrongdoing Tuesday, despite the settlement offer.
“The company continues to believe that these claims are specious and lack scientific merit,” Johnson & Johnson Worldwide Vice President of Litigation Erik Haas said in a statement.
“Notwithstanding the lack of scientific validity to these claims, plaintiff trial lawyers continue to relentlessly advertise for talc claims, supported by millions of dollars of litigation financing, all in the hopes of a massive return on investment,” LTL Chief Legal Officer John Kim said in a statement.
In an SEC filing, the company said it has already paid more than 7.4 billion in litigation costs in 2020 and 2021.
