After a 15-year legal struggle, Johnson & Johnson’s efforts to settle thousands of cancer lawsuits over its talc-based baby powder face a pivotal court test in January. A Houston judge will rule on J&J’s $8.2 billion settlement plan, which some plaintiffs argue was marred by tampered votes.
Accusations of Rigged Voting in $8.2 Billion Settlement
The settlement, touted as a solution for tens of thousands of cancer claims, has been hit with accusations of vote rigging. Andy Birchfield, representing numerous claimants, claims that another attorney improperly switched over 11,000 votes to approve the settlement, allegedly with J&J’s support. J&J denies these claims, asserting the vote was conducted in line with legal standards.
Ongoing Legal Battles and Infighting Among Plaintiff Attorneys
The complex legal battle involves not only J&J but also rival plaintiff attorneys. Birchfield, who once collaborated with attorney Allen Smith, accuses him of switching client votes to support J&J’s plan under financial pressure. Smith counters that the revised plan offers fair compensation, ending what he sees as an endless legal struggle.
Court to Scrutinize Vote Integrity
In January, Judge Christopher Lopez will examine the voting process and the claims of tampering. He recently postponed further trials regarding the cancer allegations pending this ruling. This decision could either pave the way for a unified settlement or lead to protracted court battles.
Stakes High as J&J Aims for Swift Resolution
J&J hopes that the $8.2 billion payout will settle current claims and address future cases, aiming to sidestep years of litigation. The company has faced setbacks in previous attempts to resolve the matter via bankruptcy in New Jersey. This time, they argue that the Texas court offers a quicker path to closure.
Potential Long-Term Implications for Future Claims
If approved, the settlement would apply to all claimants, even those who opposed it, and would establish a fund for potential future cases of talc-related cancer. An appeal could follow, but analysts predict resolution within months if the court sides with J&J.