Johnson & Johnson Announces that its Subsidiary, Red River Talc LLC, has Filed a Voluntary Prepackaged Chapter 11 Case to Resolve All Current and Future Ovarian Cancer Talc Claims
20 Septembre 2024 - 9:43PM
Business Wire
Approximately 83% of Current Claimants and the Future Claims
Representative Support the Proposed Bankruptcy Plan
Red River Increased its Settlement Commitment by $1.75 Billion
to Approximately $8 Billion
Johnson & Johnson (NYSE: JNJ) (the “Company”) announced that
its subsidiary, Red River Talc LLC (“Red River”), filed a voluntary
prepackaged Chapter 11 bankruptcy case today in the U.S. Bankruptcy
Court for the Southern District of Texas (the “Bankruptcy Court”)
to fully and finally resolve all current and future claims related
to ovarian cancer arising from cosmetic talc litigation against the
Company and its affiliates in the United States.
Red River filed the bankruptcy case after it received the
support of the overwhelming majority (approximately 83%) of current
claimants for the proposed bankruptcy plan (the “Plan”).
- The support far exceeds the 75% approval threshold required by
the U.S. Bankruptcy Code to secure confirmation of the Plan.
- The Plan is also supported by the Future Claims Representative,
an attorney representing the future claimants.
“The overwhelming support for the Plan demonstrates the
Company’s extensive, good-faith efforts to resolve this litigation
for the benefit of all stakeholders,” said Erik Haas, Worldwide
Vice President of Litigation, Johnson & Johnson. “This Plan is
fair and equitable to all parties and, therefore, should be
expeditiously confirmed by the Bankruptcy Court.”
After extensive negotiations with counsel for claimants who
initially opposed the Plan, Red River agreed to increase its
contribution to the settlement by $1.75 billion to approximately $8
billion.
- Red River agreed to commit an additional $1.1 billion to the
bankruptcy trust for distribution to claimants.
- The Company backed Red River’s commitments and also agreed to
contribute an additional $650 million to resolve the claims for
legal fees and expenses sought by plaintiffs’ counsel for their
leadership roles in the multi-district litigation, where most of
the filed ovarian claims are pending.
- In aggregate, the contemplated settlement represents a present
value of approximately $8 billion to be paid over 25 years,
totaling approximately $10 billion nominal.
The Plan is in the best interests of the ovarian
claimants.
- The Plan constitutes one of the largest settlements ever
reached in a mass tort bankruptcy case.
- The Plan affords claimants a far better recovery than they
stand to recover at trial. Most ovarian claimants have not
recovered and will not recover anything at trial. Indeed, the
Company has prevailed in approximately 95% of ovarian cases tried
to date, including every ovarian case tried over the last six
years. In addition, based on the historical run rate, it would take
decades to litigate the remaining cases, and therefore, most
claimants will never have “their day in court.”
- Counsel representing the overwhelming majority of current
ovarian claimants assisted in the development of and support the
Plan.
The Plan enables a full and final resolution of the Company’s
ovarian talc litigation.
- The Plan would resolve 99.75% of all pending talc lawsuits
against Johnson & Johnson and its affiliates in the United
States.
- The 0.25% remaining pending talc lawsuits relate to
mesothelioma and are being addressed outside of the Plan; the
Company has already resolved 95% of mesothelioma lawsuits filed to
date.
- The Company previously reached settlement agreements to resolve
the State consumer protection claims and all talc-related claims
against it in the bankruptcy cases filed by suppliers of the
Company’s talc (Imerys Talc America, Inc., Cyprus Mines
Corporation, and their related parties).
The Company reiterates that none of the talc-related claims
against it have merit. The claims are premised on allegations that
have been rejected by independent experts, as well as governmental
and regulatory bodies, for decades. Additional information on the
Company’s position and the science supporting the safety of talc is
available at www.FactsAboutTalc.com.
Court filings and information about Red River’s Chapter 11 case
are available on a separate website administered by its claims
agent, Epiq, at https://dm.epiq11.com/RedRiverTalc.
About Johnson & Johnson
At Johnson & Johnson, we believe health is everything. Our
strength in healthcare innovation empowers us to build a world
where complex diseases are prevented, treated, and cured, where
treatments are smarter and less invasive, and solutions are
personal. Through our expertise in Innovative Medicine and MedTech,
we are uniquely positioned to innovate across the full spectrum of
healthcare solutions today to deliver the breakthroughs of
tomorrow, and profoundly impact health for humanity. Learn more at
https://www.jnj.com.
Cautions Concerning Forward-Looking Statement
This press release contains “forward-looking statements” as
defined in the Private Securities Litigation Reform Act of 1995
regarding the proposed prepackaged Chapter 11 bankruptcy plan. The
reader is cautioned not to rely on these forward-looking
statements. The information contained in this press release is for
informational purposes only and should not be construed as a
commitment by the Company to engage in any specific strategy or
course of action. Due to the inherent uncertainty of litigation,
the Company cannot predict the timing, ultimate outcome or
financial impact of this matter, or any other ongoing or future
litigation. The forward-looking statements in this press release
are based on current expectations of future events. If underlying
assumptions prove inaccurate or known or unknown risks or
uncertainties materialize, actual results could vary materially
from the expectations and projections of LLT Management LLC, Red
River Talc LLC and/or Johnson & Johnson. A further list and
descriptions of these risks, uncertainties and other factors can be
found in Johnson & Johnson’s Annual Report on Form 10-K for the
fiscal year ended December 31, 2023, including in the sections
captioned “Cautionary Note Regarding Forward-Looking Statements”
and “Item 1A. Risk Factors,” and in Johnson & Johnson’s
subsequent Quarterly Reports on Form 10-Q and other filings with
the Securities and Exchange Commission. Copies of these filings are
available online at www.sec.gov, www.jnj.com or on request from
Johnson & Johnson. Any forward-looking statement made in this
release speaks only as of the date of this release. None of LLT
Management LLC, Red River Talc LLC nor Johnson & Johnson
undertakes to update any forward-looking statement as a result of
new information or future events or developments. The Company
expressly disclaims all liability in respect to actions taken or
not taken based on any or all the contents of this press
release.
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