Though mesothelioma and ovarian cancer victims with claims against Johnson & Johnson are united in their objection to the company’s bankruptcy strategy, another issue has been raised that may create significant divisions. The federal bankruptcy watchdog overseeing the bankruptcy wants to create separate committees representing each of the victims group’s interests and claims.
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The trustee has indicated that the differences between the two diseases makes it appropriate to separate mesothelioma claims and ovarian cancer claims, but representatives of the two groups are less certain, and the attorneys for Johnson & Johnson’s subsidiary managing the bankruptcy have also objected.
LTL’s attorneys say that separating mesothelioma and ovarian cancer victims will make it harder to build consensus and slow negotiations. Of the 40,000 outstanding claims against the company, roughly 38,000 have been filed by ovarian cancer victims and 430 by mesothelioma victims.
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The U.S. Trustee’s office pointed to the significant differences between mesothelioma and ovarian cancer when urging that the two victims’ groups have independent voices in the negotiation. But one attorney representing mesothelioma victims say that their clients’ claims are worth “tens of billions of dollars,” and that the company doesn’t want them speaking with a unified voice.
Because mesothelioma is a terminal disease, victims face a grimmer prognosis and shorter survival times than do those with ovarian cancer. Additionally, the link between asbestos and mesothelioma is better established than is true of ovarian cancer, and that means that the latter group may want to put a greater emphasis on discovery while the former may be more interested in faster compensation. For both groups there is also the question of how to manage claimants who have not yet been diagnosed.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, it is essential that you work with professionals with your best interests at heart. For help, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
