An attorney for the plaintiffs suing Johnson & Johnson over their baby powder wants a bankruptcy judge to force the pharmaceutical giant to provide the information requested as it hinders efforts to investigate the case.
“There appears to have been a concerted effort to obstruct, limit and delay the exposure,” wrote Michael S. Winograd, co-advisor to two official complaints boards, in a letter dated December 28. A December 23 response from J&J saying it would not meet the requirements “required an impending compulsory motion,” wrote Winograd, a partner at Brown Rudnick.
J&J spun its talc liabilities into a separate entity, LTL Management LLC, and bankrupted the entity on October 14, complicating the case and creating controversy as it is a profitable company. It has faced 38,000 lawsuits alleging its talc products caused cancer and has pushed for a trust to be built to pay victims.
Winograd said the original applicants committee emailed J & J’s attorney for information on December 16. After “four days of radio silence,” J&J said it would not take any inquiries about future claims for LTL.
J&J representatives did not immediately respond to a request for comment.
A hearing scheduled for January 11th on the appointment of Joseph W. Grier III. by Joseph W. Grier III.
“For a number of reasons, including the circumstances that emerged during the discovery last week, the current schedule has become untenable,” wrote Winograd. At the very least, he said, consideration of future claims should be postponed pending a decision to terminate the case.
The case is LTL Management LLC, 21-30589, US Bankruptcy Court, District of New Jersey.
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