{"id":5635,"date":"2022-08-25T19:11:00","date_gmt":"2022-08-25T19:11:00","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=5635"},"modified":"2023-06-16T19:30:17","modified_gmt":"2023-06-16T19:30:17","slug":"what-ever-happened-to-dojs-baby-powder-probe-into-jj-lawmakers-are-pressing-for-answers","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/what-ever-happened-to-dojs-baby-powder-probe-into-jj-lawmakers-are-pressing-for-answers\/","title":{"rendered":"What ever happened to DOJ’s baby powder probe into J&J? Lawmakers are pressing for answers"},"content":{"rendered":"

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After months of radio silence from the U.S. Department of Justice (DOJ), lawmakers are pressing the nation\u2019s top legal officer for updates on a 2019 probe into Johnson & Johnson\u2019s talcum powder sales.<\/span><\/p>\n

Wednesday, congress members Steve Cohen of Tennessee\u2019s 9th district and Rosa DeLauro of Connecticut\u2019s 3rd district <\/span>penned<\/span>\u00a0separate letters to U.S. Attorney General Merrick Garland <\/span>demanding<\/span><\/a> (PDF) an update on the probe. The investigation first came to light in 2019 after J&J had disclosed the receipt of federal subpoenas into its talc-based products.<\/span><\/p>\n

At the time, federal investigators were believed to be looking into whether J&J misled the public with statements that its talc had always been asbestos-free. Documents from the 1960s and 1970s had surfaced showing J&J employees detected the now-known carcinogen in the product and debated internally about how to respond.<\/span><\/p>\n

J&J did not immediately respond to Fierce Pharma\u2019s request for comment on the latest pressure from lawmakers Cohen and DeLauro.<\/span><\/p>\n

J&J had stood by its iconic talc-based products for years, repeatedly asserting its product is asbestos-free and does not cause cancer.<\/span><\/p>\n

Even still, J&J last month said it would <\/span>pull<\/span><\/a> its talcum powder from the global market in 2023, citing a “commercial decision.” The move comes about two years after J&J made a similar move in the U.S. and Canada.<\/span><\/p>\n

Wednesday, Tennessee\u2019s Cohen wrote to Garland that J&J was “aware” of contamination in its talc powder and of the “potential health risks” of long-term use. He encouraged Garland to leverage the DOJ\u2019s full resources to complete its investigation as quickly as possible.<\/span><\/p>\n

\u201cIn my decades of public service, I have rarely encountered such nefarious and discriminatory corporate conduct,\u201d the congressman continued.<\/span><\/p>\n

For her part, Connecticut\u2019s DeLauro said she was writing on behalf of thousands of women who\u2019ve developed ovarian cancer and hundreds of men and women who\u2019ve developed mesothelioma after using J&J’s talc powders. She said FDA testing and internal J&J documents have shown the company\u2019s baby powder and other talc products have \u201ccontained asbestos and other carcinogens for decades.\u201d<\/span><\/p>\n

Even after J&J’s decision to discontinue sales of the product, the company still faces tens of thousands of injury lawsuits in the U.S. In a bid to try to get a handle on the issue, J&J is employing a legal maneuver called the “Texas Two Step,” under which it has established a subsidiary to house the legal claims. That subsidiary has declared bankruptcy, and J&J has <\/span>offered<\/span><\/a> a $2 billion settlement, which plaintiffs argue is unreasonably low.\u00a0<\/span><\/p>\n

Read the full article at FiercePharma<\/span><\/a><\/p>\n

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After months of radio silence from the U.S. Department of Justice (DOJ), lawmakers are pressing the nation\u2019s top legal officer for updates on a 2019 probe into Johnson & Johnson\u2019s talcum powder sales.<\/p>\n","protected":false},"author":4,"featured_media":5637,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"\n

A verdict has been reached in the first of many cases involving military members getting defective hearing protection.<\/p>\n\n\n\n

\u201cThere (are) 250,000 individual lawsuits filed at this point in the Northern District of Florida,\u201d said Bryan Aylstock from the Aylstock, Witkin, Kreis and Overholtz law firm in Pensacola. They are the firm that is taking the lead in all of these individual suits against 3M, the manufacturer of the Combat Arms version 2 ear plugs that were used by the military from 2002 to 2015.<\/p>\n\n\n\n

The plaintiffs in the cases are military members who have suffered hearing loss. The first of those cases has just ended with a verdict against 3M in federal court.<\/p>\n\n\n\n

\u201cSo, it was three soldiers, all of whom served this country honorably and used these Combat Arms earplugs and suffered hearing damage\" said Aylstock. \"Collectively they received a little bit more than $7.1 million, which is a tremendous verdict. A lot of that was punitive damages, where the jury found by clear and convincing evidence that 3M\u2019s conduct as it relates to these ear plugs was reprehensible and deserved to be punished. And also a message needed to be sent to others, including 3M, who might try to do this in the future, that this is not an acceptable way to conduct your business.\u201d<\/p>\n\n\n\n

This is the first lawsuit in what is called mass-tort litigation, which is different than a class-action suit, where all plaintiffs are represented in one law suit. There are two more already on the docket before Judge Casey Rodgers, Chief U.S. District Judge for the Northern District of Florida in Pensacola.<\/p>\n\n\n\n

\u201cThere\u2019s a panel called The Judicial Panel for Multi-District Litigation, and it determined a couple of years ago that Pensacola was the appropriate forum to conduct all of the pretrial activities for all of the cases of this nature.\u201d<\/p>\n\n\n\n

3M has already settled with the U.S.military for over $9 million, so the mass-tort litigation is only between the company and individual military members, both active duty and veterans. Aylstock fully expects this verdict to be appealed.<\/p>\n\n\n\n

\u201cIt will be appealed, and we feel confident that all of the pretrial rulings that Judge Rodgers made, and the trial rulings were appropriate, and the appellate court will also find that they were appropriate.\u201d<\/p>\n\n\n\n

Since the verdict there have been no talks of settlement with 3M, so the trials and appeals will continue. Aylstock says he doesn\u2019t know how many rulings for the plaintiffs would bring 3M to the settlement table. Said Aylstock, \u201cIt will be as many as it takes.\u201d<\/p>\n\n\n\n

The second trial is set to begin on Monday. <\/p>\n\n\n\n

<\/p>\n\n\n\n

Written By:<\/strong>
Bob Barrett
May 13th, 2021
Source<\/a>



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