Publication in Bloomberg Law: ‘A Third J&J Bankruptcy Attempt Won’t Resolve Victims’ Talc Claims’ by Andy Birchfield

MONTGOMERY, Ala.--(BUSINESS WIRE)--In a compelling new article published in Bloomberg Law, attorney Andy Birchfield, who leads the mass torts section at the Beasley Allen Law Firm, delves into the ongoing struggle for justice in the face of mounting evidence linking Johnson & Johnson's (NYSE: JNJ) talc products to devastating health issues, particularly ovarian cancer and mesothelioma. Birchfield, an advocate for consumers harmed by defective products, passionately outlines the challenges and responsibilities of representing thousands of victims in their quest for justice.

This article highlights the profound pain and suffering endured by victims and their families, emphasizing the urgent need for accountability in cases involving tainted talc products. Dozens of peer-reviewed scientific studies have reinforced the connection between talc usage and these debilitating diseases, with the presence in talc of asbestos, a known carcinogen, raising alarming concerns.

Rather than acknowledging the scientific evidence and providing equitable compensation to victims, Birchfield argues that Johnson & Johnson has resorted to evasive tactics and legal maneuvering. The article underscores the company's controversial "Texas Two-Step" bankruptcy strategy, a strategy recently struck down by a federal appeals court and which Birchfield describes as a disservice both to the victims and J&J shareholders.

Birchfield emphasizes that the potential success of J&J's bankruptcy scheme would have been a grave miscarriage of justice, depriving victims of their rightful day in court and offering inadequate compensation. He characterizes J&J's strategy as a gamble on perceived weaknesses within the multidistrict litigation system and a blatant attempt to halt the wheels of justice.

Birchfield also sheds light on J&J's unwillingness to negotiate in good faith if it retains the threat of bankruptcy, which previously halted jury trials. He emphasizes that bankruptcy, designed to aid struggling businesses seeking a fresh start, has been weaponized by profitable corporations such as J&J to evade responsibility, bypassing the checks and balances of the jury trial system.

In response to the ongoing legal battle involving Johnson & Johnson's talc products, Jason Itkin at the law firm Arnold & Itkin expressed his opposition to J&J’s bankruptcy strategy, stating, "J&J improperly sought to use bankruptcy as a weapon to delay and diminish my clients’ rights. I look forward to exposing J&J’s conduct and getting full justice for these cancer victims by trying their cases to judges and juries across the country."

Additionally, Mike Papantonio, a stalwart of civil justice and the leader of some of the largest mass torts in history, remarked, "The repeated bankruptcy filings by Johnson & Johnson are nothing less than a blatant flaunting of the rule of law and demonstrate the thuggish mentality of the corporate giant."

In light of J&J signaling a third bankruptcy filing, Birchfield calls for a united front to refuse further negotiations within the bankruptcy arena. He advocates for a renewed commitment to a just and equitable resolution outside of bankruptcy, emphasizing the importance of holding corporations accountable for the impact of their products on individuals and families.

These quotes from legal experts highlight the growing concerns within the legal community regarding Johnson & Johnson's handling of the talc-related litigation. The battle for justice for talc victims continues amid the company's bankruptcy strategies.

In closing his commentary, Birchfield reaffirms his unwavering dedication to seeking justice for victims and their families, asserting that the principles of our civil justice system demand nothing less.

About the Author: Andy Birchfield is a distinguished attorney managing mass torts at the Beasley Allen Law Firm, with a specific focus on pharmaceutical litigation, including representing talc claimants against Johnson & Johnson.