Lawsuits in Talc-Based Powders. Those units make talc that’s also used in plastics, ceramics and paper, and generated about $174 million of combined revenue in 2018. But the talc producer is fighting in court with some insurers over whether the talc claims are covered. The companies have had some verdicts wiped out on appeal. Imerys was the sole supplier of talc to Johnson & Johnson. J&J faces almost 20,000 suits making the same allegations, according to its latest regulatory filing. Imerys will need to persuade buyers that its industrial-talc business is attractive enough to eclipse potential liabilities linked to J&J products. Imerys tapped James Patton, a veteran bankruptcy lawyer, to represent potential future claims against the trust. After Imerys filed bankruptcy, J&J tried unsuccessfully to have lawsuits against it halted, arguing that those cases should also be halted while Imerys reorganized and set up a victim’s trust. –With assistance from Steven Church, Andrew Noël, Myriam Balezou, Finbarr Flynn and Albertina Torsoli. In 2018, a verdict in favor of the plaintiffs, a group of 22 women, ordered J&J to pay $4.7 billion. Paris-based Imerys SA, the company’s parent, didn’t file for bankruptcy protection. The automatic stay in Bankruptcy Court halted the lawsuits against Imerys, which have been in Bankruptcy Court since then. An additional amount of up to $102.5 million, subject to a reduction mechanism proportionate to the sale price of the assets. Of those that have gone to trial, some juries have hit the companies with hundreds of millions of dollars in damages for their alleged mishandling of the product. Thank you! The company did not play a major role in the asbestos industry during the 20th century. A hearing on the plan is scheduled for June 30. Talc is an excellent reinforcing filler in polypropylene and engineering thermoplastics for automotive parts, domestic appliances, E&E components and food packaging. Imerys and J&J have faced lawsuits over their talc products since 2014 and the talc supplier found itself overwhelmed by the wave of litigation. This week, the Legal Look reviews a new Missouri bill that could make it harder for big verdicts in joinedered lawsuits, some lawyer theatrics in Roundup bellwether trials, and a desperate grab for insurance money from defunct talc supplier Imerys Talc.. Missouri GOP and Big Verdicts. Imerys Talc is the successor or continuation of Luzenac America, Inc., and Imerys Talc America, Inc. is legally responsible for all liabilities incurred when it was known as Luzenac America, Inc. 16. “This is one solid step in trying to get a measure of compensation for many people hurt from talc,” Mark Lanier, a Texas-based plaintiffs’ lawyer who served as head of the Imerys creditors committee, said in an emailed statement. Copyrights © 2021 All Rights Reserved by Mass Tort Nexus, CYBER SECURITY BREACH COULD CREATE ISSUES FOR MASS TORT FIRMS. Rather, Imerys’ liability for asbestos exposure came with its acquisition of the Luzenac Group, a major talc supplier. Imerys SA, which mines talc used in Johnson & Johnson’s iconic Baby Powder and other products, agreed to turn over its North American operations to resolve more than 14,000 lawsuits claiming the mineral caused cancer in some consumers. In 2018, Imerys agreed to pay $5.5 million prior to trial to settle claims by 22 women arguing its talc was tainted with asbestos. Injury Match Staff. Johnson & Johnson faces the largest number of talc cancer claims. Companies named in lawsuits include Johnson & Johnson, Vanderbilt Minerals, Colgate-Palmolive and Imerys Talc America. In that same case, J&J was ordered to pay $4.7 billion to the women for their ovarian cancer claims. Judge Silverstein may approve the settlement as early as June 2020. Imerys Agrees to Settlement Plan. Talc and asbestos often occur in the same geological formations together. In 2018, Imerys agreed to pay $5.5 million prior to trial to settle claims by 22 women arguing its talc was tainted with asbestos. Imerys officials are hoping the reorganization plan will get final approval before the end of the year from U.S. Bankruptcy Judge Laurie Silverstein. In that same case, a jury ordered J&J to pay $4.7 billion in actual and punitive damages to the women over their Baby Powder claims. One lawsuit, involving 22 women, resulted in a $4.7 billion lawsuit. Medical Error Is Not Included On Death Certificates Or CDC Rankings Of Cause Of Death, Xarelto Litigation Settles for $775 million Bayer and Johnson & Johnson Split Bill, VALSARTAN U.S. Imerys, the talc mining giant and supplier of J&J, has put its North America subsidiaries on the market in order to escape further litigation from asbestos-related lawsuits. Will $33.7 Million IVC Filter Verdict Expedite Mass Settlement? 19-10289. Please tell us what we can do to improve this article. Opioid maker Purdue Pharma LP filed for Chapter 11 last year with a $10 billion plan to sell assets to resolve thousands of lawsuits alleging it fueled the U.S. opioid epidemic by illegally pushing sales of its addictive OxyContin painkiller. Imerys is the primary supplier of talc to Johnson & Johnson, whose Baby Powder and Shower to Shower products are the target of 17,058 lawsuits consolidated before US District Chief Judge Freda L. Wolfson in MDL 2738, IN RE: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation. According to insurancejournal.com: "Imerys SA, which mines talc used in Johnson & Johnson’s iconic Baby Powder and other products, agreed to turn over its North American operations to resolve more than 14,000 lawsuits claiming the mineral caused cancer in some consumers." 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Imerys Talc America, Imerys Talc Vermont and Imerys Talc Canada — units that sought bankruptcy protection last year — will be sold at auction with the proceeds going into a trust to compensate talc victims, the company said in a statement. Others contend that just using the mineral on their genitals could cause ovarian cancer. Then in June 2018 Imerys agreed to pay $5.5 million before trial to settle claims from 22 women, who alleged that its asbestos-contaminated talc caused them to develop ovarian cancer. In a prescient move, Imerys Talc America agreed to pay more than $5 million in June 2018 to resolve claims by 22 women who blamed their cancers on … (Bloomberg) -- Imerys SA, which mines talc used in Johnson & Johnson’s iconic Baby Powder and other products, agreed to turn over its North American operations to resolve more than 14,000 lawsuits claiming the mineral caused cancer in some consumers. Imerys talc is also used in many other products, from foods to adhesives to automotive parts. Imerys SA is pressing ahead in an effort to get out from under lawsuits over its U.S. mining operation, Imerys Talc America Inc., over the protests of health-care company Johnson & Johnson . No Record(s) Found. Staff. Imerys disputes its talc has ever caused cancer, but recent lawsuits involving the company have been successful for plaintiffs. Imerys Talc has settled its role in an ongoing talcum powder cancer trial, reportedly paying at least $5 million to be shared by 22 plaintiffs who say talc use led to ovarian cancer. Imerys Talc America, Imerys Talc Vermont and Imerys Talc Canada-- units that sought bankruptcy protection last year -- will be sold … Imerys SA agreed to sell off its North American talc mines to pay for a settlement of up to $102.5 million, working with representatives of 14,000 existing and potential future claimants who got cancer from asbestos-laden talcum powder products. This includes manufacturers such as Johnson & Johnson, as well as the mining companies and providers of the talc used. In the same case, J&J was ordered to pay $4.7 billion in damages to the plaintiffs. Will the Recall of J&J Baby Powder Breathe New Life into Asbestos Litigation? Its open-cast mine in Three Forks, Montana, is the largest talc operation in the United States. AboutLawsuits.com The women blamed their diagnosis on baby powder sold by Johnson & Johnson and made from talc supplied by Imerys. Assets of the 3 Imerys companies will be sold at auction with the proceeds going into an independent trust to compensate talc victims, the company said in a statement. The supplier of talc for Johnson's Baby Powder had sought bankruptcy protection from thousands of talc asbestos cancer lawsuits Friday, May 15, 2020 - Imerys SA is the world's leader in providing minerals to industries including providing talc to the cosmetics industry in the United States. Johnson & Johnson talc supplier, Imerys has set up a trust fund that will pay out compensation to victims for years to come, even after the company exits bankruptcy. Thank you! The proceeds from the sales will be channeled into an independent, dedicated trust to compensate talc victims. 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The case is on appeal in state court in Missouri. Imerys operates hundreds of industrial sites across 50 countries around the world, supplying about 15% of the world’s talc. The Purdue plan has been stalled by opposition from some states and local governments, who are demanding the company and its owners, the Sackler family, pay more. The deal aims to end six years of litigation over Imerys’s role as the sole talc supplier for J&J. Johnson & Johnson and talc supplier Imerys SA must pay an additional $80 million in punitive damages to a man who said he developed mesothelioma after using asbestos-contaminated talcum powder, a New Jersey state court jury ruled Wednesday. French manufacturing and minerals group Imerys SA, whose North America talc unit filed for bankruptcy after being drawn into cancer lawsuits, said on Friday it … Freeport-McMoRan’s Cyprus Mines filed for chapter 11 protection to cement a settlement with Imerys Talc America, which has been trying to resolve an onslaught of lawsuits in bankruptcy. After declaring bankruptcy in February 2019 due to the increasing number of cancer lawsuits filed against it, Imerys Talc America announced it will be selling off its North American operations in order to settle some 14,000 pending lawsuits, the Insurance Journal reports.. Imerys Talc America is the sole provider of talc for Johnson and Johnson (J&J) and is the world’s leading talc … Shares of Imerys surged as much as 8.1% in Paris after the settlement was announced. In return, plaintiffs will drop their suits, allowing the businesses to emerge from Chapter 11. Later that year, Imerys settled a lawsuit filed by 22 women with ovarian cancer, another disease linked to asbestos exposure. Combine the foregoing with the fact that there are no practicable and economical means by which to separate asbestos from talc, it is reasonable to conclude that, it is more likely than not, that all talc contains asbestos,” writes John Ray, who has been a leading consultant to the Mass Tort industry for more than a decade. It was named as a defendant in the talc lawsuits but filed for bankruptcy last year. Get the latest insurance newssent straight to your inbox. The French-based J&J talc supplier is expecting to receive confirmation of the plan and emerge from bankruptcy protection by the end of 2020. Jake Sargent, a J&J spokesman, declined to comment. The deal will end six years of litigation for Imerys. Consumers allege asbestos-laced talc causes one kind of cancer, while the mineral on its own causes another. Imerys was named in the lawsuit and offered $5.5 million to settle the claims against them. Now, as part of its plan to emerge from Chapter 11 status, Imerys SA agreed to sell its North American talc assets to resolve the 14,000 talc-related lawsuits filed against it. This will protect the company from future talc lawsuits. The Imerys settlement does not affect the Johnson & Johnson cases in the MDL because, on February 13, 2019, Imerys Talc America, Inc., Imerys Talc Vermont, and Imerys Talc Canada filed a voluntary petition under Chapter 11 in the US Bankruptcy Court for the District of Delaware. Some of that contribution is contingent on how much the North American businesses fetch at auction, which may include a bid from Imerys SA to buy back the assets, court filings show. J&J and Imerys have faced talc suits since 2014. In 2018, Imerys paid $5.5 million to 22 women claiming its talc is contaminated with asbestos. Imerys Talc America is liable for diseases caused by asbestos-contaminated talc mined by the Luzenac Group during the 20th century. IS THIS THE TIP OF A MUCH LARGER ICEBERG? Before the dangers of asbestos were publicly revealed, many companies neglected to check for asbestos in talcum powder products. The deal aims to end six years of litigation over Imerys’s role as the sole talc supplier for J&J. Defendant Personal Care Products Counsel (“PCPC”) f/k/a Cosmetic, Toiletry, and We have updated our privacy policy to be more clear and meet the new requirements of the GDPR. The New Arizona Rule for Alternative Business Structure Law Firms vs. Multidisciplinary Law Firms; What This Means for You! % of people found this article valuable. Other companies have used bankruptcy to resolve mass-tort litigation. Talc lawsuits have cost Johnson & Johnson billions of dollars. Imerys Settles 14,000 Talc Cancer Lawsuits for Up to $102.5 Million. Talc Miner Imerys Strikes Deal to Resolve 14,000 Cancer Lawsuits Agreement would compensate victims who say they got cancer Imerys was the primary supplier of talc … docket subscription FIRST PREVIOUS Page of 0 NEXT LAST. Imerys Talc America, Inc.(19-10289) Imerys Talc Vermont, Inc.(19-10291) Imerys Talc Canada Inc.(19-10292) Date From. Docket # Document Name Date Filed ; docket subscription Imerys SA, a French-based processor of minerals for industrial processes, such as crushing talc into a fine powder for use in personal care products and cosmetics, is trying to pay its way out of 14,650 individual talc powder cancer lawsuits through a bankruptcy payment plan. Both Johnson & Johnson and Imerys have been targeted in lawsuits since 2014. Date To. Required fields are marked *. It operates mines and processing facilities in Europe, North America, Asia, and Australia. Your email address will not be published. In return, plaintiffs will drop their suits, allowing the businesses to emerge from Chapter 11. The Imerys auction plan “provides a favorable solution for all stakeholders, including representatives of current and future claimants in talc-related litigation,” the company said in its statement early Friday. Likewise, the trust may be entitled to demand J&J kick in money to former Baby Powder users who developed ovarian cancer or mesothelioma, a form of cancer linked specifically to asbestos exposure. It is used for antiblocking in polyethylene; restores mechanical properties to recycled plastics; and is an ideal nucleating agent in biopolymers and semi-crystalline polymers. Imerys and J&J have been defending talc cancer lawsuits since 2014. The Imerys bankruptcy cases are pending before the Judge Laurie Selber Silverstein, and are jointly administered under Case No. Women contend internal memos show J&J knew in the early 1970s that some of its powder contained asbestos. The talcum powder lawsuit is against a number of companies that produce or produced talc-based products. Although the defendants have won some cases, juries have returned billions of dollars in verdicts for plaintiffs, and lawsuits continue to pour in. As the talc suits mounted, defense costs became a drag on Imerys’s revenue, as did disputes with J&J and insurers about responsibilities for those costs, court records show. Apr 11, 2018. Lawsuits claim that Imerys and J&J knew for decades … Imerys said the bankruptcy settlement was a “Significant step for Imerys towards a permanent and final resolution of historic talc-related liabilities.” It will produce a “favorable outcome for the Group allowing to move forward and focus on its current operations, free of historic talc-related liabilities.