Pharmaceutical and cosmetics giant Johnson & Johnson recently filed paperwork to have a Delaware federal judge consolidate thousands of talcum powder asbestos cancer lawsuits against one-time co-defendant Imerys Talc USA. If the judge were to grant the request, thousands of asbestos cancer lawsuits against Johnson & Johnson would be removed from state courts across the country where plaintiffs have accused Johnson & Johnson and its talc supplier Imerys Talc USA of knowingly producing and marketing a carcinogenic product without any warning to consumers.
Imerys Talc USA, Johnson & Johnson’s long-time talc supplier, recently filed for Chapter 11 bankruptcy protection under the weight of thousands of talcum powder cancer lawsuits in which it was named co-defendant with Johnson & Johnson. While Johnson & Johnson has not filed for the same protections itself, the company seeks consolidation of Imerys cases through a special bankruptcy law provision which allows creditors with significant financial ties to the talc miner to make the request to promote “expeditious resolution of claims.”
Johnson & Johnson currently faces an estimated 13,000 talcum powder asbestos cancer lawsuits across the country, with over 10,000 consolidated in before a federal judge in New Jersey for pre-trial information exchanges. Were the pharmaceutical company to prevail in its motion before the Delaware judge, Johnson & Johnson would have effectively removed almost all of its claims from state courts where juries have handed down substantial plaintiffs verdicts.