On Eve of J&J Bankruptcy Dismissal, Cancer Victims Prepare to Enter Civil Court System

Current claims now number 50,000 

TRENTON, N.J. – Cancer victims who are seeking to hold Johnson & Johnson (NYSE: JNJ) responsible after being exposed to cancer-causing talc in its Johnson’s Baby Powder will be asking state courts and the judge in the federal talc multidistrict litigation to immediately resume civil court trials.

“The bankruptcy that was rejected by the U.S. Court of Appeals for the Third Circuit exposed J&J’s lack of seriousness about resolving claims on a ‘fair and equitable basis,’” says Andy Birchfield, head of the Mass Tort Section at the Beasley Allen Law Firm, which represents thousands of victims with ovarian cancer claims against the company. “Any resolution must acknowledge that in the average tragedy caused by talc, a victim is facing more than $500,000 in medical costs and lost wages.”

Plaintiff attorneys report that the number of total cases has grown since J&J first attempted its now discredited “Texas Two-Step” legal maneuver. “There are close to 50,000 current claims that could easily be resolved if Johnson & Johnson would stop playing games and abusing the bankruptcy court process,” says Birchfield. “In addition, any resolution must factor in at least 20,000 future claims. This represents the ongoing damage caused by Johnson & Johnson.”

Plaintiff attorneys vow that they will fight any attempt by Johnson & Johnson to return to the bankruptcy courts.

“The appellate court was crystal clear after examining J&J’s tactics: Bankruptcy means bad faith,” says Jason Itkin, a founding partner of Houston-based Arnold & Itkin. Mr. Itkin predicts that any effort by J&J to advertise a settlement as part of a renewed bankruptcy is destined to fail. “Johnson & Johnson wouldn’t have the required 75% vote now and will never have the votes,” says Mr. Itkin. “J&J set aside $61.5 billion in its first bad-faith bankruptcy. We believe J&J is still determined to try to convince cancer victims to accept a low-ball deal that does not even pay for medical bills or wages lost due to illness. Our clients look forward to having their cases decided by a jury of their peers.”

About Beasley Allen Law Firm

Headquartered in Montgomery, Alabama, Beasley Allen is comprised of more than 70 attorneys and 200 support staff. One of the largest plaintiff law firms in the country, Beasley Allen is a national leader in civil litigation, with verdicts and settlements in excess of $26 billion. Beasley Allen was one of only 12 firms in the nation named by Law360 to its Most Feared Plaintiffs Firms list in 2015, and the firm was included on the National Law Journal Midsize Law Firm Hot List and the NLJ Elite Trial Lawyers List in 2014. For more information, visit www.beasleyallen.com.

About Arnold & Itkin LLPArnold & Itkin is a trial law firm based in Houston that exclusively represents plaintiffs. Founded in 2004, the firm has won cases against household names like Johnson & Johnson, BP, Shell, and numerous others. The total amount from their verdicts and settlements exceeds $10 billion, including a record-setting $222 million verdict last year for a woman who lost her husband in an industrial accident. The firm is also involved in various charitable causes in the Houston area, most notably The Monarch School & Institute, a school for learners with neurological differences. Learn more about Arnold & Itkin at www.arnolditkin.com.

 

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