Pharmaceutical company Johnson & Johnson is facing lawsuits from tens of thousands of people alleging that their talc products have played a role in causing cancer. Until recently, these cases have proceeded in North Carolina courts. However, a recent court ruling issued on November 10, 2021, transferred these cases to New Jersey.
This could have a significant impact on people seeking compensation for their losses connected to their use of Johnson & Johnson talc powder. However, this should not discourage people from continuing to come forward to claim compensation. Our company continues to assist plaintiffs’ lawyers in obtaining medical records related to cancer that is linked to the use of talc.
Johnson & Johnson has spent upwards of $1 billion defending against claims that their talc products have caused an increase in cancer rates. These claims have been so substantial that J&J created a spinoff company, known as LTL Management, LLC, to oversee the claims. Shortly after performing this move, LTL Management filed for bankruptcy in an attempt to shunt financial liability for users’ injuries.
A recent court ruling has further complicated matters. A U.S. Bankruptcy judge in North Carolina has ordered that the case be transferred to a branch of the court located in New Jersey. This included an order that all claims must remain on hold for 60 days while the transfer takes place. People who already have filed claims against J&J and LTL can still expect their cases to move forward. However, others seeking to join in the litigation will need to wait for further developments. Our team could help personal injury attorneys be prepared by gathering the relevant medical records necessary to file the paperwork and join in ongoing litigation.
The Johnson & Johnson talc case originated in a North Carolina federal court. This appeared to benefit J&J as the North Carolina court has significant experience dealing with these sorts of mass tort cases and a reputation as being friendly for business.
A change in venue may be helpful for people seeking compensation. New Jersey federal courts tend to be more favorable for plaintiffs who are seeking compensation for losses caused by large corporations. When the case moves forward after the 60-day hold, attorneys and their clients may find themselves in a more favorable legal environment. Our record retrieval service could take the lead in gathering the medical evidence necessary to join in a mass tort through the New Jersey branch of the United States District Court.
One of the key concepts in the law is which court has jurisdiction to hear a case. A November 2021 decision in United States Bankruptcy Court ordered a 60-day hold on new claims against Johnson & Johnson, alleging that their talc products have caused cancer. This delay is due to a transfer in the case from North Carolina to New Jersey. While this delay is only temporary, it is vital to be ready to file a motion to join existing litigation in New Jersey. Our medical records retrieval service is ready to help you to be prepared with all relevant medical documentation. Contact us for more information.