J&J's $8.9B settlement

 

Johnson & Johnson has offered to pay $8.9B to resolve tens of thousands of lawsuits. Former customers allege that the healthcare giant's talc-based products caused them cancer and may have been contaminated with asbestos. 

  • Johnson & Johnson proposed a settlement that would see it pay $8.9B over 25 years through a specialized subsidiary. 
  • The company previously attempted a legal maneuver called a "Texas two-step" to protect itself from liability.
    • The strategy involves creating a separate entity to take over the parent company's liabilities, which are then reduced when the specialized unit declares bankruptcy.
  • A federal appeals court initially prevented Johnson & Johnson from using the maneuver on the grounds that the firm was not in "financial distress."
  • Johnson & Johnson said in a filing yesterday that its subsidiary, LTL, has re-filed for bankruptcy to "efficiently resolve all current and future claims arising from cosmetic talc litigation."
  • Johnson & Johnson plans to use LTL to distribute the $8.9B that it has committed to resolve the lawsuits, according to the filing.
  • Johnson & Johnson said the proposal was not an admission of guilt and maintains that the lawsuits "are specious and lack scientific merit."
  • Johnson and Johnson tried to discredit research into the possible asbestos contamination of its talc-based baby powder despite its own executives raising concerns about the possibility since 1971.

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