A Houston bankruptcy court heard testimony from a former head of the FDA as Johnson & Johnson continues seeking bankruptcy protection against liability for ovarian cancer and malignant mesothelioma diagnoses. David Kessler pushed back against the company’s assertion that their talcum powder product never contained asbestos.
Johnson & Johnson Seeks $9 Billion Asbestos Settlement Plan
Mr. Kessler directed the U.S. Food and Drug Administration from 1990 to 1996 and was called as an expert witness on behalf of mesothelioma and ovarian cancer victims who oppose Johnson & Johnson’s $9 billion settlement plan. In his testimony, he indicated that the company’s bankruptcy claim mischaracterized its knowledge of the presence of asbestos in its product dating back to 1971.
Though he acknowledges that no asbestos was found in the company’s popular product while he was heading the FDA, Kessler says that was due to Johnson & Johnson hiding it from regulators and using safety tests designed to miss asbestos in talc. He said it was only when documents about the company’s handling of talc were made public that the agency began testing the product and found the asbestos contamination.
“There is Asbestos in These Products. You Can’t Get Away from It.”
Though Johnson & Johnson’s attorney argued that it had never been dishonest, Kessler said, “Your company, for 40 years, tried to convince the American public” that its products were safe. “There is asbestos in these products. You can’t get away from it.” His testimony in the Houston bankruptcy proceedings is pivotal: If the judge decides the company’s filings were misleading, the proposed settlement could be scuttled.
U.S. Bankruptcy Judge Chris Lopez is the third judge to weigh the company’s plea for bankruptcy protection. Opponents say it is wrong for the profitable company to use a backdoor loophole to apply for Chapter 11 bankruptcy to evade its liability to over 90,000 asbestos claimants.
Have you been diagnosed with mesothelioma or ovarian cancer after exposure to a talcum powder product? For information on your rights, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
