Johnson and Johnson sues researchers who linked talc to cancer
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Re: Johnson and Johnson sues researchers who linked talc to cancer
#2This will be an interesting one to follow. J&J may have a case but could also just be a case of supressing bad news.
The original study had a very small sample size (33 people), which one could argue would be small enough to dismiss. Are there any larger follow up studies?
Re: Johnson and Johnson sues researchers who linked talc to cancer
#3In some ways the talc controversy does seem similar to the silicone breast implant controversy in the 1990’s.
An overview is at
Re: Johnson and Johnson sues researchers who linked talc to cancer
#4In some ways the talc controversy does seem similar to the silicone breast implant controversy in the 1990’s. An overview is at https://www.healthaffairs.org/doi/10.1377/hlthaff.15.4.206
Isn't the mechanism for the talc -> {ovarian cancer, mesothelioma} connection much clearer and stronger though? That talc co-occurs with asbestos, which is known to be highly carcinogenic and to cause the types of cancers being encountered here. The asbestos fibers were also (allegedly) found in laboratory analysis of samples of the commercial talc powder product.
Re: Johnson and Johnson sues researchers who linked talc to cancer
#5Apropos of anything else, J&J's handling of this has been despicable. Creating an entity specifically to pick up all of the related liabilities, picking up those liabilities and then (exact count may be wrong, but it's very close) literally filing for bankruptcy within the space of three days.
The Texas two-step, as it's called.
> In 2021, the company spun off its liabilities into a new entity called LTL Management under a strategy called the “Texas two-step.” That legal but controversial approach allows a solvent parent company to protect its assets by creating a subsidiary to hold its liabilities — and then having the new company declare bankruptcy, as LTL did just days after incorporating. Critics complain it’s an abuse of the bankruptcy system and allows companies facing massive litigation to dodge corporate responsibility.
> The Third Circuit Court of Appeals in Philadelphia dismissed the bankruptcy filing in January, finding LTL was not in financial distress and had “no valid bankruptcy purpose.”
> But hours after that case was formally dismissed in April, LTL filed for bankruptcy protection again, this time with a higher settlement proposal of $8.9 billion.
The fact that this is legal is such a mockery of consumer protection law.
Re: Johnson and Johnson sues researchers who linked talc to cancer
#6In some ways the talc controversy does seem similar to the silicone breast implant controversy in the 1990’s. An overview is at https://www.healthaffairs.org/doi/10.1377/hlthaff.15.4.206
Isn't the mechanism for the talc -> {ovarian cancer, mesothelioma} connection much clearer and stronger though? That talc co-occurs with asbestos, which is known to be highly carcinogenic and to cause the types of cancers being encountered here. The asbestos fibers were also (allegedly) found in laboratory analysis of samples of the commercial talc powder product.
Clearly, you’re one of those that feel like facts matter. This feels like one of those battles to be fought in the court of public opinion and not a court of law. In that type of fight, suppressing facts while speaking your narrative as loudly as possible is a winning move
Re: Johnson and Johnson sues researchers who linked talc to cancer
#7Apropos of anything else, J&J's handling of this has been despicable. Creating an entity specifically to pick up all of the related liabilities, picking up those liabilities and then (exact count may be wrong, but it's very close) literally filing for bankruptcy within the space of three days. The Texas two-step, as it's called. > In 2021, the company spun off its liabilities into a new entity called LTL Management u…
How is this effective? Wouldn’t the creditors pierce the corporate veil of this obviously transparent and self-serving setup?
Re: Johnson and Johnson sues researchers who linked talc to cancer
#8If indeed the researchers did conceal that the subjects had other exposure to asbestos, that would be pretty bad? As we've seen in a number of other recent cases research is by no means free of malfeasance. Even research performed to some statistical standard may fall far short of truly indicating a casual link.
These researchers have gained materially from the output of their research (expert witnesses do not testify for free). Of course if the lawsuit is baseless then it is an evil distraction but the mere act of suing researchers is not, on its face, a problem.
Re: Johnson and Johnson sues researchers who linked talc to cancer
#9Re: Johnson and Johnson sues researchers who linked talc to cancer
#10Apropos of anything else, J&J's handling of this has been despicable. Creating an entity specifically to pick up all of the related liabilities, picking up those liabilities and then (exact count may be wrong, but it's very close) literally filing for bankruptcy within the space of three days. The Texas two-step, as it's called. > In 2021, the company spun off its liabilities into a new entity called LTL Management u…
I mean it's clearly not working.
There's nothing wrong with it being legal to shuffle assets among subsidiaries, as long as the veil is trivial to pierce when needed.