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Johnson & Johnson Talc Bankruptcy Petition Dismissal is a Win for Mesothelioma and Ovarian Cancer Victims

mesothelioma attorney Dave Butler

By Dave Butler

In a significant victory for injured consumers, the Third Circuit Court of Appeals dismissed the bankruptcy petition of a Johnson & Johnson subsidiary that holds the company’s liabilities for claims brought by thousands of consumers injured by exposure to asbestos-contaminated talc in Johnson & Johnson products.  The dismissal, on January 30, 2023, ends for now J&J’s efforts to avoid full responsibility for the claims of those suffering from mesothelioma, ovarian, and other cancers caused by its asbestos-contaminated products.

Through a series of corporate transactions under a unique Texas law, Johnson & Johnson created two new entities with the intention to funnel its liabilities for claims brought by thousands of injured talc claimants into a new entity which it named LTL Management; while simultaneously funneling all of its profitable business into another entity.  Two days after its formation and freshly saddled with J&J’s talc liabilities, LTL Management filed a petition under Chapter 11 of the U.S. Bankruptcy Code claiming that its talc liabilities placed it in financial distress sufficient to allow it to seek the protections afforded by U.S. bankruptcy laws.

Injured talc victims sought dismissal of the bankruptcy petition, but were denied by a federal court in New Jersey.  Victims appealed that denial to the Third Circuit Court of Appeals, which ruled that the J&J subsidiary had not demonstrated that its petition was filed in good faith and should be dismissed.

In its opinion the court found that “At base level, LTL, whose employees are all J&J employees, is essentially a shell company “formed,” almost exclusively, “to manage and defend thousands of talc-related claims” while insulating at least the assets in a non-bankrupt entity.  The court went on to find that “Because LTL was not in financial distress, it cannot show its petition served a valid bankruptcy purpose and was filed in good faith under” the United States Bankruptcy Code.  In conclusion, the court held that:

Our decision dismisses the bankruptcy filing of a company created to file for bankruptcy. It restricts J&J’s ability to move thousands of claims out of trial courts and into bankruptcy court so they may be resolved, in J&J’s words, “equitably” and “efficiently.” But given Chapter 11’s ability to redefine fundamental rights of third parties, only those facing financial distress can call on bankruptcy’s tools to do so. Applied here, while LTL faces substantial future talc liability, its funding backstop plainly mitigates any financial distress foreseen on its petition date.

Read the court’s full opinion here.

RPWB continues to seek justice for victims of exposure to Johnson & Johnson talc products. If you or a loved one has been diagnosed with mesothelioma after exposure to Johnson & Johnson talc products, please call us at u 1-866-594-8765 or fill out the form on this page to begin your case review.

Dave Butler has 30 years of experience representing mesothelioma victims and their families in cases throughout the United States. He can be reached at 1-866-594-8765 or by emailing dbutler@rpwb.com.

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    EPA Proposes Asbestos Ban

    Many people do not realize it, but asbestos is not banned in the United States despite the fact it kills thousands of Americans each year by causing mesothelioma cancer and other forms of lung disease.

    That might be about to change. The EPA has announced it intends to ban the known carcinogen using new authority granted to the agency by the 2016 Toxic Substances Control Act. On Tuesday, April 5, 2022, the EPA announced that it will move forward with an asbestos ban.

    The EPA last attempted to ban asbestos in 1989, but a federal court shot the effort down, an escapade that highlighted the toothlessness of the original 1976 Toxic Substances Control Act. Similar attempts in Congress also sputtered, most recently in 2020, when the bipartisan measure nearly made it to the House floor before falling apart with competing accusations about who was responsible for the failure.

    “EPA’s proposed rule is a strong step forward in eliminating exposure to a substance that is killing 40,000 Americans each year,” Linda Reinstein, president of the Asbestos Disease Awareness Organization, said in a statement.

    Under the proposed rule, the agency would ban uses for chrysotile, the one remaining type of asbestos fiber still in use in the United States. One of the major current uses for asbestos in America is the chlorine manufacturing process. In 2021, chemical companies imported 100 tons of chrysotile asbestos from Brazil. In prior years, they also imported from Russia. The 11 active chemical plants that utilize asbestos also used around 220 tons of asbestos they had previously stockpiled. Other chemical plants no longer use asbestos in the chlorine manufacturing process.

    Under EPA’s proposed rule, the remaining chlorine plants that still import raw asbestos would have two years to stop using asbestos filters.

    Sheet gaskets that contain asbestos would be banned after two years. Most remaining products that contain asbestos — oilfield brake blocks, aftermarket automotive brakes and linings, other “vehicle friction products,” and other types of commercial gaskets — would be banned after 180 days.

    The proposed asbestos ban is set to be published in the Federal Register, which kicks off a 60-day public comment period. The Biden administration hopes to have the ban finalized by November.

    The ban isn’t the end of the EPA’s review of asbestos, however. The agency says it intends to look at other asbestos fibers as well as examine asbestos present in talcum powder products, which has caused even those who never worked around asbestos to develop mesothelioma. Asbestos and talc often are located near one another in the natural environment, which can cause contamination in products like baby powder and cosmetics. These asbestos victims are often younger than the blue-collar workers exposed through the late 1970s at their job sites.

    RPWB lawyers have helped thousands of mesothelioma patients nationwide get financial compensation from asbestos manufacturers since 1976, when we worked on the first successful product liability case against the asbestos companies. We have seen first-hand the devastating health effects caused by asbestos, and applaud all efforts to eliminate asbestos from the United States.

    If you or a loved one has been diagnosed with mesothelioma or another form of asbestos-caused lung cancer, please give us a call anytime at 1-866-594-8765 or fill out the contact form on this page.

    For more information about mesothelioma, please visit our Mesothelioma Info Center.

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      Asbestos Awareness Week Shines Light on Mesothelioma, a Cancer that Continues to Devastate

      The first week of April 2022 is Asbestos Awareness Week in the United States. Members of both houses of Congress unanimously approved resolutions making the designation.

      Once ubiquitous in worksites and homes throughout the country, we are still experiencing the negative health effects of asbestos decades after its peak use. Mesothelioma, the insidious cancer caused by asbestos, can take up to 50 years to manifest. When it does, many patients have less than two years to live, although we have seen some promising new treatments recently.

      For more than 40 years, lawyers at RPWB have worked on behalf of mesothelioma patients to get them the financial compensation they deserve from asbestos manufacturers who knew about the health consequences of the products they were selling.

      It is difficult and heartbreaking to see the men and women who built this great country die from mesothelioma due to the negligence of companies that put profits over people by hiding the ugly truth about asbestos.

      While we still see a great number of cases from older people who worked in asbestos-laden industrial worksites through the 1970s, we are now also litigating cases involving much younger individuals who have developed mesothelioma from talcum powder use. This includes young mothers and otherwise healthy people who face a very dire mesothelioma prognosis at the prime of their lives.

      Sadly, asbestos and the health consequences of it will still be with us for many more years. Contrary to common belief, asbestos is not banned in the United States and many products still contain talcum powder, which is derived from a mineral that often co-exists with asbestos in the environment.

      As asbestos lawyers, we focus on helping mesothelioma patients and their families maximize the financial compensation they get from asbestos companies that manufactured the products that caused the cancer.

      Our role as mesothelioma lawyers, however, goes beyond that.

      We hold asbestos companies responsible for the human suffering they caused for many decades, even after they knew about the devastating health consequences. It is never acceptable to value profits more than the health and well-being of people. The asbestos industry is rightfully the poster child for what happens when we do. We hope that our work will deter other types of manufacturers from producing products they know to be harmful.

      This Asbestos Awareness Week, we are remembering the thousands of mesothelioma victims we have helped in our 45-year history. We remain as committed to helping mesothelioma patients today as we did back in 1976, when our founding member Charles Patrick worked on the first successful product liability lawsuit against asbestos companies.

      We hope you never need our services, but we stand ready to assist you if you do. If you receive a mesothelioma diagnosis, give us a call anytime at 1-866-594-8765 or fill out the form on this website. In most cases, we are available to meet with you at your home or another comfortable place within just a few days of calling.

      To learn more about mesothelioma, please visit our Mesothelioma Info Center here.

      Here is the full text of the Asbestos Awareness Week Resolution:

      RESOLUTION

      Designating the first week of April 2022 as ‘‘National Asbestos Awareness Week’’.

      Whereas dangerous asbestos fibers are invisible and cannot be smelled or tasted;

      Whereas the inhalation of airborne asbestos fibers can cause significant damage;

      Whereas asbestos fibers can cause cancer, such as mesothelioma, asbestosis, and other health problems;

      Whereas symptoms of asbestos-related diseases can take between 10 and 50 years to present themselves;

      Whereas the projected life expectancy for an individual diagnosed with mesothelioma is between 6 and 24 months;

      Whereas little is known about late-stage treatment of asbestos-related diseases, and there is no cure for those diseases;

      Whereas early detection of asbestos-related diseases might give some patients increased treatment options and might improve the prognoses of those patients;

      Whereas, although the consumption of asbestos within the United States has been substantially reduced, the United States continues to consume tons of the fibrous mineral each year for use in certain products;

      Whereas thousands of people in the United States have died from asbestos-related diseases, and thousands more die every year from those diseases;

      Whereas, although individuals continue to be exposed to asbestos, safety measures relating to, and the prevention of, asbestos exposure have significantly reduced the incidence of asbestos-related diseases and can further reduce the incidence of those diseases;

      Whereas thousands of workers in the United States face significant asbestos exposure, which has been a cause of occupational cancer;

      Whereas a significant percentage of victims of asbestos-related diseases were exposed to asbestos on naval ships and in shipyards;

      Whereas asbestos was used in the construction of a significant number of office buildings and public facilities built before 1975;

      Whereas people in the small community of Libby, Montana, suffer from asbestos-related diseases, including mesothelioma, at a significantly higher rate than people in the United States as a whole; and

      Whereas the designation of a ‘‘National Asbestos Awareness Week’’ will raise public awareness about the prevalence of asbestos-related diseases and the dangers of asbestos exposure: Now, therefore, be it

      Resolved, That the Senate—

      1. designates the first week of April 2022 as ‘‘National Asbestos Awareness Week’’;
      2. urges the Surgeon General to warn and educate people about the public health issue of asbestos exposure, which may be hazardous to their health; and
      3. respectfully requests that the Secretary of the Senate transmit a copy of this resolution to the Office of the Surgeon General.

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        The combination of two drugs showed encouraging results for patients suffering from advanced peritoneal mesothelioma.

        The use of a checkpoint inhibitor along with a drug to slow the growth of new blood vessels may delay the progression of peritoneal mesothelioma as well as increase the life expectancy of patients diagnosed with the deadly disease caused by asbestos exposure.

        A study by the University of Texas MD Anderson Cancer Center found that combining – atezolizumab (Tecentriq) plus bevacizumab (Avastin) – was safe and effective for peritoneal mesothelioma patients who were either intolerant to platinum-pemetrexed chemotherapy or saw the disease progress during prior treatment. The median time to next treatment increased from 8.3 months under platinum-pemetrexed chemotherapy to 17.6 months with atezolizumab/bevacizumab. One year after treatment, 61 percent of the peritoneal mesothelioma patients were progression free and 85 percent were still alive.

        Malignant peritoneal is a rare and aggressive disease that is caused by on-the-job asbestos exposure, bystander or take-home exposure or the use of talcum powder. Because it is often not diagnosed until later stages, treating peritoneal mesothelioma is difficult. There are limited treatment options. Most often treatment includes a surgery to remove tumors along with chemotherapy to attempt to slow any progression. This recent study, which will need to be validated with larger clinical trials, suggests that more advanced treatments are on the horizon. That new hope presents a ray of light for peritoneal mesothelioma patients.

        “Atezolizumab/bevacizumab was well tolerated and led to robust and durable responses in patients with malignant peritoneal mesothelioma who had progressed on, or were intolerant to, prior platinum-pemetrexed chemotherapy with meaningful prolongation of survival,” wrote the lead study author Kanwal P.S. Raghav, MBBS, MD, of The University of Texas MD Anderson Cancer Center. “This study establishes a promising treatment option for our patients who suffer from this morbid cancer and represents an unprecedented effort to bridge the gap of dedicated research in this … disease.”

        The study was published on July 14, 2021 in the journal Cancer Discovery.

        Peritoneal mesothelioma patients may wish to ask their oncologist about this new line of research and whether it is appropriate for their course of treatment.

        RPWB has a 40-year history of helping people diagnosed with mesothelioma get compensation from asbestos manufacturers. We have recovered billions of dollars for our clients in their times of need. If you or a loved one is impacted by this disease, please give us a call to discuss your legal options.

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          How are Mesothelioma Lawsuits Paid Out?

          By Ken Wilson

          Some of the most frequent questions we get about mesothelioma lawsuits concern how they are ultimately paid out to clients and how long it will all take. To address those questions, let me give you a little bit of context about how mesothelioma lawsuits work.

          When a person is diagnosed with mesothelioma, asbestos lawyers like myself work with that client and other witnesses such as family members and co-workers to determine all of the places he/she has come into contact with asbestos. In addition to identifying the exposure locations, we also work using a variety of sources to identify all of the asbestos products used at those locations. From there, we can start to build a product liability case against all of the manufacturers of those products. The best mesothelioma lawyers can walk you through this process to make it as easy as possible.

          Most mesothelioma lawsuits involve a number of defendants that share culpability for causing the client’s mesothelioma. If the litigation is successful, the client will typically receive periodic settlement checks as various defendants settle. This includes both businesses in operation today and those that set aside money in bankruptcy trusts. This entire process can take several years from beginning to end, with most clients and their families beginning to receive money shortly after the case is commenced.

          Of course, it is important to note that every case is different and a good asbestos attorney will not rush through building the product liability case against the asbestos manufacturers.  A well developed, researched, and prepared case will increase the likelihood of a successful outcome.  Additionally, if a case goes to trial, the time frame for case resolution may be extended

          Over the past 33 years, I have dedicated my career to helping asbestos victims with mesothelioma lawsuits throughout the United States. To me and to the others in our firm, our clients are not a number; they are people who reach out to us for help at one of the most consequential and difficult times of their lives. My advice to people diagnosed with mesothelioma is to find the best medical and legal care that you can. Ask lots of questions and, if you feel uneasy, seek a second opinion. This will help you to enjoy time spent with family and friends.

          If I can ever be of assistance, feel free to contact me 1-866-594-8765 or send me an email.

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            16 RPWB Lawyers Selected For Best Lawyers List

            CHARLESTON – RPWB was once again the top-listed plaintiff law firm in South Carolina for product liability cases as well as mass tort and class action lawsuits in the 2020 edition of The Best Lawyers in America®, which was released in August 2019.

            In total, 16 RPWB attorneys were designated as 2020 Best Lawyers, including David Butler, who was chosen as the personal injury lawyer of the year in the Augusta, Ga. metropolitan area. Butler, who works out of Aiken, S.C., has devoted much of his career representing asbestos victims who have developed mesothelioma, but he also works on other personal injury and product liability cases.

            Here are the RPWB attorneys named to the 2020 Best Lawyers list:

            Michael J. Brickman
            Litigation – Securities
            Mass Tort Litigation / Class Actions – Plaintiffs

            Elizabeth M. Burke
            Mass Tort Litigation / Class Actions – Plaintiffs
            Personal Injury Litigation – Plaintiffs
            Product Liability Litigation – Plaintiffs

            David Butler
            Personal Injury Litigation – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Blair Hahn
            Mass Tort Litigation / Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Gregory A. Lofstead
            Mass Tort Litigation / Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Christiaan Marcum
            Mass Tort Litigation / Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Kim Keevers Palmer
            Mass Tort Litigation / Class Actions – Plaintiffs

            Terry E. Richardson, Jr.
            Business Organizations (including LLCs and Partnerships)
            Mass Tort Litigation / Class Actions – Plaintiffs
            Personal Injury Litigation – Plaintiffs
            Railroad Law

            Thomas D. Rogers
            Medical Malpractice Law – Plaintiffs
            Personal Injury Litigation – Plaintiffs

            Hoyt Rowell III
            Health Care Law
            Mass Tort Litigation / Class Actions – Plaintiffs

            Brady Thomas
            Mass Tort Litigation / Class Actions – Plaintiffs
            Personal Injury Litigation – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Christopher Tuck
            Mass Tort Litigation / Class Actions – Plaintiffs

            Charles W. Patrick, Jr.
            Mass Tort Litigation / Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Edward J. Westbrook
            Mass Tort Litigation / Class Actions – Plaintiffs

            Kenneth J. Wilson
            Product Liability Litigation – Plaintiffs

            Bobby Wood
            Mass Tort Litigation / Class Actions – Plaintiffs

            Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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              Asbestos causes mesothelioma, and now scientists know why

              It is no secret that exposure to asbestos causes cancer. However, while scientists definitively established this link decades ago, the exact mechanism was still a mystery. A recent study apparently demonstrates just how asbestos causes mesothelioma, which at some point in the future could possibly be helpful to doctors in South Carolina who treat patients suffering from this fatal cancer.

              When a person inhales asbestos, the long, pointy fibers get lodged inside the lungs. Once there it causes chronic inflammation that frequently develops into cancer. Getting rid of that asbestos is nearly impossible too, because human bodies just do not have the mechanisms to clear the fibers. Curious as to exactly how those fibers cause cancer, a group of scientists conducted a study looking into that topic.

              Researchers conducted a study using mice and looked at how their bodies reacted to asbestos. They saw that the asbestos fibers caused micro-injuries which alerted white blood cells of a problem. This started the tissue repair process, but since the asbestos fibers never left, there was an ongoing proliferation of rebuilding cells. This buildup can very easily turn into cancer growth, and scientists also observed specific mutations within the precancerous buildup.

              Understanding how asbestos exposure actually causes mesothelioma might help medical experts develop new and effective treatments. Unfortunately, this does not do much to help patients in South Carolina who are already living with this form of deadly cancer. Instead, it might be more helpful to seek compensation for their damages, including for things like lost wages and emotional suffering.

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                Study confirms link between cosmetic products and mesothelioma

                Wearing makeup and using other cosmetic products is quite common in South Carolina. Unfortunately, just because something is common does not mean it is safe. For example, asbestos contamination is shockingly common in the cosmetics industry. A recent study established a definite link between the deadly cancer mesothelioma and asbestos found in many cosmetic products.

                The study was recently published in the Journal of Occupational and Environmental Medicine and focused on 33 patients suffering from mesothelioma. The patients were referred to the study because it was believed that they had all developed cancer from the same source — cosmetic talcum powder. None of the participants had histories of asbestos exposure at work, either.

                To better understand why these 33 people developed this deadly cancer, researchers surgically removed samples from either their lymph nodes or tumors. All of the surgical specimens tested positive for asbestos. The research team pinpointed exactly where the asbestos had come from, too. The fibers found inside the cancer patients were consistent with asbestos fibers found in contaminated cosmetic talc powder.

                Most people in South Carolina already know that asbestos exposure has long been linked to mesothelioma. However, this is the first time that researchers have conducted a large case study that definitively connects contaminated talc powder to this deadly cancer. While the results of this study cannot reverse the damage of someone who has already developed mesothelioma, it might prove helpful when pursuing a lawsuit against companies, manufacturers and others responsible for overlooking asbestos in common consumer products.

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                  Miners, construction workers at higher risk for mesothelioma

                  Asbestos has not disappeared from South Carolina. Whether from old buildings and products or in new uses, asbestos can still be found in many — all over and even in the workplace. Almost anyone could be at risk for exposure, but there are some who face an even greater risk than others. Here are some of the industries in which workers are most likely to develop mesothelioma.

                  Chrysotile asbestos has not been mined in the United States since 2002. However, many of these mines remained open for many years, with the last one not closing until 2019. Miners who worked in these environments were routinely exposed to small particles of asbestos. This might be at least part of the reason why miners are some of the workers most likely to develop mesothelioma.

                  South Carolina construction workers are another at-risk population. Asbestos was once a staple in drywall, spackling, shingles, tiles and much more. People who worked with these in the past were exposed during installation, while current workers are most at risk when renovating or demolishing older buildings. Both of these groups can easily develop mesothelioma related to exposure.

                  Mesothelioma is a devastating, fatal cancer. Treatments may briefly extend patients’ lives, but there is currently no cure. This means that asbestos exposure victims have to make the difficult decision between taking on medical debt to have a little more time with their loved ones, or succumbing to their illness much sooner. Whether exposed at work, home or somewhere else, these victims may want to consider how getting compensation and holding responsible parties accountable for their actions can help.

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                    South Carolina teachers at risk for developing mesothelioma

                    Teaching is not necessarily an easy profession, but South Carolina teachers still choose this career path because they are passionate about education. However, while teachers spend years educating young students, many are also suffering from regular asbestos exposure. All that exposure means that elementary and middle school teachers have a much higher risk for developing mesothelioma than other people do.

                    Teachers have mesothelioma rates similar to those of construction workers, shipbuilders and refinery workers. This was confirmed by a former epidemiologist and chief medical officer at an out-of-state public health division, who performed two separate studies that produce the same results. His most recent study was in 2018, using more recent data than the first.

                    Schools built before the 1980s are a common source of exposure. Asbestos is fire-resistant and extremely durable, so it was used quite liberally throughout school buildings to protect children in case of fires. As a result, asbestos in schools can be found in many more places than just ceilings and floor tiles. It was common practice to spray asbestos on the ceiling of gymnasiums and auditoriums. Asbestos was also applied directly to walls and used to wrap around heating pipes.

                    Keeping students and teachers in South Carolina safe involves maintaining safe facilities. Unfortunately, school districts do not always address repairs or regular maintenance in a timely manner, even when they are aware that asbestos is involved. Whether a teacher or student develops mesothelioma after years of exposure in the classroom, it might be possible to recover compensation for things like medical bills and lost wages.

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