While Talc Company Asks for Reconsideration of Chapter 11 Dismissal, Mesothelioma Case to Proceed

Last month the Third Circuit dismissed the Chapter 11 Case Filed by Johnson & Johnson’s subsidiary LTL Management, effectively reviving mesothelioma and ovarian cancer cases against the company. Though an injunction pausing talc suits remains in place while Johnson & Johnson’s attorneys ask the court to reconsider, Judge Michael B. Kaplan is allowing one talc injury victim’s case to move forward.

Mesothelioma Victim’s Case to Move Forward

Though LTL Management’s attorneys petitioned for an en banc rehearing of the Third Circuit’s decision on Monday and Judge Kaplan indicated that the court’s mandate to dismiss the Chapter 11 case is stayed pending that decision, he also indicated that he would lift the stay and injunction for one mesothelioma-stricken talc injury plaintiff, Anthony Hernandez Valadez.

Mr. Valadez is just 24 years old, and has been told that he has little time left before his mesothelioma claims his life. He blames his fatal illness on his use of Johnson and Johnson’s talc-based products. Though other mesothelioma and ovarian cancer claims remain on hold pending the Third Circuit’s decision, Judge Kaplan agreed that the recent decision significantly changed the calculation regarding the urgency of the young man’s case.

Mesothelioma Case Won’t Be Heard Before March 20^th

Speaking of his decision to allow Mr. Valadez’ mesothelioma case to move forward, Judge Kaplan said, “The pendulum has swung, and in balancing the harms, the court is now less deferential to the reorganizational needs of the debtor. It has to be in light of the concerns laid out in the Third Circuit’s opinion.”

Still, Kaplan also gave a nod to concerns about LTL’s readiness for trial, confirming that he did not anticipate hearing any case until March 20^th, by which time the Third Circuit’s decision should be made. 

If you or someone you love has been diagnosed with mesothelioma and you believe that talc may be to blame, the Patient Advocates at Mesothelioma.net can help. To learn more, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.

Terri Oppenheimer

Writer

Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

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