Tens of thousands of Johnson & Johnson Baby Powder lawsuits filed by women diagnosed with ovarian cancer following use of talcum powder will now be able to move forward through the civil court system.
The case was being closely watched as parties continue to debate a contentious talcum powder settlement proposal, which has delayed all further trials and may return the litigation to the U.S. bankruptcy system.
Plaintiffs who have been litigating their talcum powder lawsuits for years question the validity of claims presented by individuals Johnson & Johnson now indicates support a proposed settlement fund.
The trial begins as a federal bankruptcy judge weighs whether to dismiss another Johnson & Johnson bankruptcy filing tied to talcum powder lawsuit settlement negotiations.
Mediations to negotiate potential talcum powder settlements were ordered by the U.S. Bankruptcy Judge who will hear oral arguments next month about whether to allow or reject Johnson & Johnson's latest bankruptcy filing.
Johnson & Johnson's LTL Management subsidiary still cannot show it faces the financial distress necessary for such a bankruptcy filing, talc claimants argue
Judge Michael Kaplan says he is skeptical this new bankruptcy plan, which includes a settlement proposal for all talcum powder lawsuits, will withstand a likely challenge by plaintiffs.
The entire plaintiffs' steering committee representing women pursuing talcum powder lawsuits filed in the federal court system have rejected the proposal.
Johnson & Johnson talcum powder settlement fund was proposed on the same day a bankruptcy judge lifted a stay that was preventing tens of thousands of cancer claims from moving forward
Plaintiffs say there is little chance the Supreme Court will overturn the appeals court's decision to dismiss Johnson & Johnson's talc bankruptcy scheme.
